Gardai encounters

100gSoma

The official govt. website states...

Under their right to request information from the public, the Gardai have the power to make reasonable enquiries from the public. For example, they have the power to request identification from you, to ask you where you are going, where you live, etc. However, there is no general power to arrest and detain people in custody for questioning without charge. For example, you can not be arrested for the purpose of gathering evidence or "helping the Gardai with their enquiries".

My question is, do you have to answer a garda when they ask you "where are you going?" etc. Is it not possible you could incriminate yourself by saying where you have been or where you are going? What happens if you choose not to divulge this information? anyone?

Thanks

maidhc

They are entitled to ask but you are not obliged to answer, unless of course you are driving, when you must provide a drivers licence on request.

Turner

They can request identification from you, you do not have to give it (while driving you have to give your license/name address)

They can ask you your name and address. You have to give them this. If they think its false or incorrect they have a power of arrest.

You do not have to say where you are going or where you have come from.

If they are investigating a crime they can question anybody in relation to it.

You can reply no comment if you wish.

If they wish to question you further they could arrest you on suspicion of doing "Whatever crime they are investigating".

Our man in Havana

Chief--- wrote:

If they wish to question you further they could arrest you on suspicion of doing "Whatever crime they are investigating".

Would a good faith basis be needed for such an arrest? Is there the equivelant of probable cause in Ireland? Surely more evidence would be needed than simply a person refusing to answer questions?

Eru

Bond-007 wrote:

Would a good faith basis be needed for such an arrest? Is there the equivelant of probable cause in Ireland? Surely more evidence would be needed than simply a person refusing to answer questions?

Of course, reasonable suspicion based on evidence gathered. A Sergeant makes the decision to detain for questioning.

Turner

Karlitosway1978 wrote:

Of course, reasonable suspicion based on evidence gathered. A Sergeant makes the decision to detain for questioning.

Any member in charge of a garda station as directed by a Superintendent can make the decision to detain.

Does not have to be a Sergeant. Gardai can also be member in charge of a garda station and custody area.

With regard to Offences against the State the arresting member be it garda/sergeant/inspector makes the decision to detain.

Eru

Chief--- wrote:

Any member in charge of a garda station as directed by a Superintendent can make the decision to detain.

Does not have to be a Sergeant. Gardai can also be member in charge of a garda station and custody area.

With regard to Offences against the State the arresting member be it garda/sergeant/inspector makes the decision to detain.

Apologies, my station its always the SHO thats member I/C.

seamus

I'm not sure if the same protection for incriminating yourself is present here as in the U.S. For example, in the U.S. you can refuse to answer a question that would incriminate you, under a constitutional amendment.
I'm not sure if similar protection exists here. Anyone?

dermot_sheehan

You can generally refuse to answer a question. The only exception is when a demand is made on you under the Offences Against the State Act to account for your whereabouts. According to Heaney v. Ireland this is constitutional.

According to Re: National Irish Banks any situation where the law requires you to answer a question, the evidence acquired can not be used in criminal proceedings against you. This case referred to an inquiry by an officer appointed by the minister under the companies acts, several people the officer sought to question refused to answer based on the right not to self incriminate despite being obliged by law to co-operate with the inquiry. Supreme Court held that the constitution does not give you a right to silence rather only a right not to self incriminate.

Eru

Gardai do not have the right when questioned by a superior.