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Guards needing permission to speak to a minor

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  • 13-08-2006 12:27am
    #1
    dj_wizz
    Closed Accounts Posts: 11 ✭


    Hi all

    Hypothetical question:

    I am curious to know if a guard requires permission to speak to a minor while he / she is travelling with his parents (ie from the parent) in a motor vehicle.

    Not seeking legal advise!

    Can anybody give their opinion?


Comments

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    #2
    Sangre
    Registered Users Posts: 12,153 ✭✭✭✭Sangre


    I'm going to go with....no.


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    #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    The guards are required to get consent only if the person is in custody.

    Article 13 of the Custody Regulations requires a person under 17 not be questioned without a guardian if in custody except with authority of member in charge. http://www.irishstatutebook.ie/ZZSI119Y1987.html#ZZSI119Y1987A13

    Though breach of the regulations don't of themselves make evidence obtained excluded. DPP v. Conell and DPP v. Spratt holds that breach of the regulations coupled with fundamental unfairness gives the judge the discretion to exclude the evidence.


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    #4
    DublinWriter
    Registered Users Posts: 9,555 ✭✭✭DublinWriter


    dj_wizz wrote:
    Hypothetical question:

    I am curious to know if a guard requires permission to speak to a minor while he / she is travelling with his parents (ie from the parent) in a motor vehicle.
    Nope. Sounds like 'hypothetically' someone was pulled over for having their tot bouncing around unrestrained in the back-seat whilst clocking 120kmp/h on the M50.


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    #5
    dj_wizz
    Closed Accounts Posts: 11 ✭dj_wizz


    DublinWriter wrote:
    Nope. Sounds like 'hypothetically' someone was pulled over for having their tot bouncing around unrestrained in the back-seat whilst clocking 120kmp/h on the M50.

    No, 'hypothetically' someone was stopped while working and their tot was 12 yrs old was belted up and the 'driver' was not excceding any speed limit, he was just 'hypothetically' stopped to check details of an address and a long way from the M50!


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    #6
    CLADA
    Closed Accounts Posts: 651 ✭✭✭CLADA


    and would the minor have hypothetically hung you out to dry with anything he or she said to the garda during the course of their conversation. If not whats the problem?


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