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Arrest for purpose of Charging

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  • 14-03-2011 5:59pm
    #1
    detective
    Registered Users Posts: 444 ✭✭


    Just a quick one here guys when can a Garda arrest solely for the purpose of charge. Can they only do it for an indictable offence? Is there statute dictating same?

    I believe they can charge anyone for anything once the Garda and defendant are both within the body of a court?


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    #2
    coylemj
    Registered Users Posts: 25,345 ✭✭✭✭coylemj


    They have a general (Common Law) power of arrest for felonies and breach of the peace observed by the Garda but otherwise there typically needs to be a power of arrest in the relevant statute.

    For example, there is a power of arrest in Road Traffic legislation for dangerous driving and drunk driving but not for parking on a double-yellow line.
    detective wrote: »
    I believe they can charge anyone for anything once the Garda and defendant are both within the body of a court?

    Once the arrest is lawful, they can pretty well charge you with anything they like. Not sure the point you're making about the 'body of the court'??


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    #3
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    There is no such thing as a felony in Irish law and has not been since 1997. Offences which carry a sentence of more than 5 years are arrestable offences.


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    #4
    detective
    Registered Users Posts: 444 ✭✭detective


    coylemj wrote: »
    Not sure the point you're making about the 'body of the court'??

    I know that Gardai can charge you once you're in custody but I'm wondering when can they bring you into custody solely for the purpose of charge. I do know that the one time you can be charged is when you're in the body of court, i.e. when the defendant is in court on a different charge he can be charged with other offences as he is in the body of the court.


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    #5
    Mr Jinx
    Registered Users Posts: 434 ✭✭Mr Jinx


    detective wrote: »
    Just a quick one here guys when can a Garda arrest solely for the purpose of charge. Can they only do it for an indictable offence? Is there statute dictating same?

    I believe they can charge anyone for anything once the Garda and defendant are both within the body of a court?

    As far as I know you can arrest for a summary offence as long as there is a specific power of arrest in that section, i.e Section 49(8) of the Road Traffic Act Drunk Driving


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    #6
    detective
    Registered Users Posts: 444 ✭✭detective


    Again I'm saying solely for the purpose of charge. Section 49(8) isn't solely for the purpose of charge it's for testing and charging.


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    #7
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    There is a s. 4 criminal justice act 1997 power of arrest for any offence carrying over 5 years. There is also provisions under various other bits of legislation such as the road traffic act (s. 20, s. 49, s. 50, s. 53, s. 107) or s. 24 Criminal Justice Public Order Act 1994 for offences that do not carry 5 years. There is also a power of arrest under s. 30 of the Offences Against the State Act.

    In such circumstances the prisoner can either be charged in the garda station and released on station bail or brought before the district court and charged and either remanded and released on bail (see order 17 district court rules). So for example for an arrest under s. 49 the prisoner can either be released after the sample and then summonsed, or they can be released on station bail after charge if they fail the evidential breath test in the garda station.

    The procedure of the district court rules on applying for warrants of arrest (order 16) only apply to indictable offences. It'd presumably be used for the rare offences which are indictable, do not carry more then 5 years in prison, and for which there is no other power of arrest.

    For summary offences for which there is no power of arrest, a summons has to be used. If of course the accused does not appear to the summons, a bench warrant can be sought.


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    #8
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    I think the op is referring to the following scenario. Suspect arrested and detained. Suspect released and file sent forward for direction. Direction received to charge suspect with an offence. Where is the power to re-arrest the suspect for the purpose of charging them with the offence?


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    #9
    Mr Jinx
    Registered Users Posts: 434 ✭✭Mr Jinx


    detective wrote: »
    Again I'm saying solely for the purpose of charge. Section 49(8) isn't solely for the purpose of charge it's for testing and charging.

    I was only using Section 49 as an example, if it is an indictable offence you can arrest under section 4 of the criminal law act, I used section 49 as an example of a summary offence having a power of arrest that you can use to arrest for the purpose of charge


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    #10
    detective
    Registered Users Posts: 444 ✭✭detective


    Again like k-mac said I'm talking about being arrested solely for the purpose of charge. Section 10(2) Criminal Justice Act 1984 covers the indictable side of things as far as I can see.


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    #11
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    detective wrote: »
    Again like k-mac said I'm talking about being arrested solely for the purpose of charge. Section 10(2) Criminal Justice Act 1984 covers the indictable side of things as far as I can see.

    I don't think there is a general power to arrest for the purpose of charging with a summary offence. Some of them have a power under statute such as making off without payment and dangerous driving and I would think these statutory powers were introduced as a result of the lack of any general power of arrest.


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    #12
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    A summons is merely a device to compel the attendance of a pereson in Court for the purpose of charging. If the person is already there, it seems there is no reason why they can't be charged in court with an offence other than the one with which they are originally summoned. The easiest way to do it would be to ask the judge to amend the summons to add another charge.


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