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"Private"

  • 24-03-2006 10:21pm
    #1
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭


    What are the different meanings of the word "private", insofar as they apply leagally - private property, private club, in private.

    I know it can affect hings like charges of breach of the peace or indecency if only the accused and the garda are present.


Comments

  • #2
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    Victor wrote:
    What are the different meanings of the word "private", insofar as they apply leagally - private property, private club, in private.

    I know it can affect hings like charges of breach of the peace or indecency if only the accused and the garda are present.

    Gardai do not have to witness breaches of the peace or any public order incident but without witnessing the event our powers of arrest are more restrictive.

    Theres no 1 legal definition, it depends on the Act its being used in. RTA 61/02 has one definition whereas POA 94 has another, so does theft Act, Assault, etc etc and then theres the definitions within family law. Same as the definition for a public place.


  • #3
    Victor
    Registered Users, Registered Users 2 Posts: 78,579 ✭✭✭✭Victor


    Sorry, what I mean was there was a recent case where a 'gentleman' was charged with breach of the peace on an otherwise abandoned road. There was nobody to disturb, just the accused and the garda.


  • #4
    Eru
    Closed Accounts Posts: 2,357 ✭✭✭Eru


    Victor wrote:
    Sorry, what I mean was there was a recent case where a 'gentleman' was charged with breach of the peace on an otherwise abandoned road. There was nobody to disturb, just the accused and the garda.

    Until recently it was the fact that a reasonable person 'could' and not 'had' been offended. that was until Marsh V state and the S6 POA against a Garda angle it took. IF there truly was no one around then he couldnt have been convicted or his defence ****ed up

    That case would appear to be S6 POA 94 and therefore its the definition of a public place and not a private place that counts.


  • #5
    EducatedGuess
    Closed Accounts Posts: 72 ✭✭EducatedGuess


    Private property is protected by the Constitution, Private Clubs are those premises that members are required either [a] to pay yearly membership fee's joining up by providing a nominal fee and name address etc. [The current loophole in legisltation in relation to Casino's] and In Private [In camera] for court cases etc.


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