[Corkblowin]

But what would be the basis of a judicial review in this case? No official procedure has been invoked. It seems to me the whole purpose of the call was in order to 'head off' any potential issues. If she shows up at the ex's door, he calls the police claiming harrassment, then the call to her doesn't matter. Can't see how he's done anything wrong.

[mrjoneill]

Originally Posted by Corkblowin

But what would be the basis of a judicial review in this case? No official procedure has been invoked. It seems to me the whole purpose of the call was in order to 'head off' any potential issues. If she shows up at the ex's door, he calls the police claiming harrassment, then the call to her doesn't matter. Can't see how he's done anything wrong.

What I’m stating is that public officials must operate within the law and precedence. Since independence British police do not operate in this jurisdiction. As for them doing a police function that’s their duty to do but have no authority to do so in another jurisdiction.
Rep of Ireland is the Rep of Ireland and Britain is Britain, and police operate in their own domain, that’s all.

[BrianD]

Turning up on the aforementioned front step means that you would be within that police mans jurisdiction and would result in action.

The police man is not acting beyond his powers by calling you to advise you on the situation and warn you formally of what would happen if you pursue your intended action.

Forewarned as they say.

[28064212]

Originally Posted by mrjoneill

What I’m stating is that public officials must operate within the law and precedence. Since independence British police do not operate in this jurisdiction. As for them doing a police function that’s their duty to do but have no authority to do so in another jurisdiction.
Rep of Ireland is the Rep of Ireland and Britain is Britain, and police operate in their own domain, that’s all.

You haven't shown that they've performed a police function. A layman could just as easily perfomed the function in this case

[mrjoneill]

Originally Posted by 28064212

You haven't shown that they've performed a police function. A layman could just as easily perfomed the function in this case

But it wasn’t a layman it was a police man doing what could only be described as a police function after all from what I understand there was no personal relationship between the police man and the person who received the warning.

[Corkblowin]

But the potential 'crime scene' for want of a better word, and the complainant are in his jurisdiction. Doesn't he have a duty to prevent potential incidents, not merely react to them?

[BrianD]

Originally Posted by mrjoneill

But it wasn’t a layman it was a police man doing what could only be described as a police function after all from what I understand there was no personal relationship between the police man and the person who received the warning.

All the policeman was doing was providing advice in the form of a warning as what would be the likely outcome of pursuing that course of action in the jurisdiction that he polices. The person can take that advice on board and tell the officer to go sod off.

If I got robbed or assaulted abroad and a foreign police force were assisting me, I wouldn't be saying "sorry lads, you're out of your jurisdiction". Works both ways.

[28064212]

Originally Posted by mrjoneill

But it wasn’t a layman it was a police man doing what could only be described as a police function after all from what I understand there was no personal relationship between the police man and the person who received the warning.

So if the husband got his friend the grocer to call up and say "I recommend you don't show up on your husband's doorstep", does that mean the grocer is performing a police function?

[mrjoneill]

Originally Posted by BrianD

All the policeman was doing was providing advice in the form of a warning as what would be the likely outcome of pursuing that course of action in the jurisdiction that he polices. The person can take that advice on board and tell the officer to go sod off.

If I got robbed or assaulted abroad and a foreign police force were assisting me, I wouldn't be saying "sorry lads, you're out of your jurisdiction". Works both ways.

Rather the comparison would be if you were abroad and some issue arose there and later a police officer of that jurisdiction calling you here in Ireland telling you not to come back to his country. And yes one could in as many words as necessary tell the policeman where to go in not too polite words without the policeman having redress to it.

[Kristopherus]

Originally Posted by mrjoneill

What I’m arguing is where a public servant act they must so act that it does not give grounds for Judicial Review. Lord Diplock in Council of Civil Service Unions v. Minister for Civil Service 1 outlined three grounds for judicial review of administrative action: illegality; irrationality; and procedural impropriety.

You're trying to build a mountain out of a molehill. The OP has not posted here since 23rd May. Presumably she has got the message loud and clear from the posters here, or has chosen to ignore same. In the meantime a non-sensical dialogue that has nothing to do with her case has developed. Her case is quite simple. She got a call from a UK PC, who advised her not to travel, which he is entitled to do. She chose to go on a public forum wondering why the policeman did not go through the Gardai. It has nothing to do with what public servants can or cannot do. The British police are very proactive in preventing possible public order offences whenever they can, and can & do make contact with third parties, no matter where they are, to advise in a cautionary way.

[mrjoneill]

Originally Posted by Kristopherus

You're trying to build a mountain out of a molehill. The OP has not posted here since 23rd May. Presumably she has got the message loud and clear from the posters here, or has chosen to ignore same. In the meantime a non-sensical dialogue that has nothing to do with her case has developed. Her case is quite simple. She got a call from a UK PC, who advised her not to travel, which he is entitled to do. She chose to go on a public forum wondering why the policeman did not go through the Gardai. It has nothing to do with what public servants can or cannot do. The British police are very proactive in preventing possible public order offences whenever they can, and can & do make contact with third parties, no matter where they are, to advise in a cautionary way.

You should stick to the issues that of the police in one jurisdiction doing a police function in another. It’s not simply of a policeman being proactive, it’s the exercising a police function in another jurisdiction where there is no provision in law for.
Be it for murder or something more trivial the principle is the same and as I have posted I’m taking the original poster at face value I have no indication to the otherwise.

[ResearchWill]

Originally Posted by mrjoneill

You should stick to the issues that of the police in one jurisdiction doing a police function in another. It’s not simply of a policeman being proactive, it’s the exercising a police function in another jurisdiction where there is no provision in law for.
Be it for murder or something more trivial the principle is the same and as I have posted I’m taking the original poster at face value I have no indication to the otherwise.

But the police office did not perform a police function. What he did was call the OP, when asked had the OP committed an offence he said no. What he did do was ADVISE against the OP visiting the ex's house, the section of law I posted earlier would in my opinion be very relevant in this case. The police officer did not say you cannot come over to the UK all he did was advise or give a warning that turning up at the house could be in breach of UK law. Any illegal activity would take place in the UK.

As an aside after reading the posts of the OP I can fully understand why such a warning would be issued. I again ask anyone to point to a law that the police officer broke, while judicial review has been mentioned, it is important to remember that JR is a discretionary remedy and I can not see any breach in this case to ground JR.

[deadwood]

Originally Posted by mrjoneill

You should stick to the issues that of the police in one jurisdiction doing a police function in another. It’s not simply of a policeman being proactive, it’s the exercising a police function in another jurisdiction where there is no provision in law for.
Be it for murder or something more trivial the principle is the same and as I have posted I’m taking the original poster at face value I have no indication to the otherwise.

Gardai often get calls from abroad (and request the same) to pass on messages such as deaths or enquiries for missing/sick friends and relatives and other family and non-criminal matters. Sometimes this can be done by making a direct phonecall, or you might request an officer to call in person.

The o.p.'s ex would fall into this bracket as far as i'm concerned.

It may not be a policing function as such but it's one of the many roles we carry out that falls beyond our job description.

These types of calls make up a significant proportion of any policemans work and will remain so. We could say "it's not my job", and in cases like this, you'd often wish you had.

I presume the bobby expected the o.p. to consider his advice in the same spirit with which the call was made.

Lastly, the other likely scenario was the o.p. to receive a call/letter from a solicitor. I think their super powers also stop at the county line though. Where would her next stop be?

[Pkiernan]

Not sure why the OP thinks that her ex is obliged to meet with her or their 24 year old son.

The father has no legal obligation to his adult son.

I could see how this could be harassment by the OP.

[MagicSean]

Originally Posted by mrjoneill

What I’m stating is that public officials must operate within the law and precedence. Since independence British police do not operate in this jurisdiction. As for them doing a police function that’s their duty to do but have no authority to do so in another jurisdiction.
Rep of Ireland is the Rep of Ireland and Britain is Britain, and police operate in their own domain, that’s all.

So let's say you were arrested in northern Ireland and wanted a family member informed of you situation. You would not think it right for the police to call them directly but would expect them to contact the gardai and get them to call them?