im a reserve based in dublin! Loving it and since joining have applied for full time! what u wanna know??
As far as powers at the mo. its basic traffic 107/109, but yea we all keep hearing about that being increased. Public order, not in at the moment, but again 4/5/6/8 are supposed to be added at some stage.
Uniform re-placement, its a case of submitting a request, stating what happened to the original, and I dont mean sold it on e-bay "only kiddin", just state why the item is no longer serviceable etc, and then ask where to send it, I would assume it may be different depending on where you are, how big the station etc.
With any questions/problems, we have a liasion, but if unsure about anything and you cant get an answer I would suppose the Reserve office in the Depot is probably the best place to ring, but I am not entirely sure on that one
With the lingo, its a whole different world! half sheets, Cig's, DFB, Mules's, Skipper, Tango's, but you do pick it up eventually!
well done for starting this site as it is a great form of feedback from other members. keep your head up and dont let the whingers get you down . As regards half sheets etc when you come from the private sector where everything is rapid and must be done yesterday the Gardai is like stepping into the past . Do they not have e mail as every thing is on paper and has to go through the chain of command. Passed out in may and got epuallettes today after chasing them up myself with the Reserve office. They were in the station in a box for 3 months. Girl in the reserve office is very nice and helpful. As regards money you will get €1000 after you complete 1 years service. This 208 hours includes training time.ie phases 1 to 5. Keep the info flowing.
One question. If you get in a situation where you and the full time member have a complaint registered against you , he or she has the GRA to look after their needs, who have we standing behind us?
True enough miju!
by the way, why is a half sheet folded?
Yes, you arrested him. What do you think putting someone in handcuffs is called? Arrest = curtailing someone's freedom. Legal Arrest = Arresting someone for an offence and having the power to do so! You can't just grab / handcuff / lock up people because _you_ think its the right thing to do. It must be _legal_!
The garda reserve been told explicitly that we do not have powers under the public order or offences against the person act.
What you might have done is arrested him for a breach of the peace. Which is a common law power. But you'd have to decide if that was appropriate.
The garda reserve handbook was passed out in Templemore (still in draft mode). You should also have had to sign for the final version, either from your sergeant or inspector who handles the Garda Reserve in your station/devision.
This is from the Criminal Law Bill 1996. As far as I can make out any citizen, whether dressed as a Garda Reserve or in civilian clothes has the power to arrest a person if:
“(4) An arrest other than by a member of the Garda Síochána may only be effected by a person under subsection (1) or (2) where he or she, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána.
(5) A person who is arrested pursuant to this section by a person other than a member of the Garda Síochána shall be transferred into the custody of the Garda Síochána as soon as practicable.”
This deals with citizens arrest but I'm sure other people would have a more definite knowlege of whether it applies in Sparkies case.
Do you mean the Criminal Law Act 1997? What you've quoted is a subsection of Section 4. The important part of section 4 is this:
4.—(1) Subject to subsections (4) and (5), any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an arrestable offence.
N.B. Arrestable Offence!, this has a very definite meaning.
Section 2 of the same act:
"arrestable offence" means an offence for which a person of full capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of five years or by a more severe penalty and includes an attempt to commit any such offence.
Assault is not an arrestable offence.
It might be time for some of you's to brush off the dust on some of the law books...
Sparkie saya that this person was causing a threat to others He was not trying not to be arrested. “(4) An arrest other than by a member of the Garda Síochána may only be effected by a person under subsection (1) or (2) where he or she, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána.
So not too sure how it would go?
The only other way for Reserve arrest is if the penalty for the action is 5 years or more etc
I'd have to buy the books first fatted! Honestly I pretty much just googled citizens arrest. Thats why I said other people would be better placed to interpret it. What power does a store detective have to detain someone or are they allowed any more?
While on duty a garda reserve has the same powers as a full member of the Gardai! (but see below!) So subsections 4 and 5 of section 4 don't apply. You can't analyse bits of sections without reading the whole section.
Section 15 of the Garda Síochána Act 2005:
(3) Subject to subsection (5), a reserve member has, while on duty, the same powers, immunities, privileges and duties as a person appointed under section 14 to the rank of garda.
(5) The Garda Commissioner may determine the range of powers to be exercised and duties to be carried out by reserve members.
Its subsection 5 that limits our powers as per the garda reserve handbook.
It seems ridiculous that you can't restrain someone who is causing a real danger to other people. Completely seriously, are you supposed to allow someone to kick the hell out of another person while you watch, whether or not you're a reserve or a private citizen? I can understand the "legal ramifications" of aiding someone but I still think ignoring it is wrong. What Sparkie did seems more like the moral decision even if it's not exactly "proper"! Of course I still have to pass my medical before it becomes an issue for me anyway!!
A store detective has no special powers. He would make use of the same section 4 Criminal Law 1997 as any other person c/would.
But he could detain someone? It's just I wouldn't think shop lifting would get you five years!
Theft carries a penalty up to 10 years in prison (Criminal Justice (Theft and Fraud Offences) Act, 2001), which makes it an arrestable offence, which means a store detective could arrest someone under section 4 of the Criminal Law Act.