Caught urinating in public

Peckham

Saturday night, was out in town. Got "caught short" on my way to my Nitelink, popped down an alley-way to relieve myself........Garda van comes round corner. Caught "red handed", no argument.

Garda asks me for ID, I produce an ATM card. He takes my name and address (which I gave him honest details on - was hammered/unsure of situation/keen to get away from them and get my bus, so didn't want any hassle).

After a minute or so he sends me on my way and tells me to expect a summons in the post.

So, what's likely to happen? Will a summons be issued? How much will the fine be?

Tom Young

Not allowed to give advice on this forum but it comes under the Public Order Offences, Section 5.

If you get a summons you'll have to appear in court.

IT Loser

Tom Young wrote: »

Not allowed to give advice on this forum but it comes under the Public Order Offences, Section 5.

If you get a summons you'll have to appear in court.

Urination in public and bleeding in public are as illegal as one another- it is the circumstances that the case will turn on. Best of luck.

machiavellianme

IT Loser wrote: »

Urination in public and bleeding in public are as illegal as one another.

Bleeding in public?

IT Loser

machiavellianme wrote: »

Bleeding in public?

Suppose I am a Guard, and I see a chap with a bloody nose and broken hands, what do I do?

Now suppose I see a chap with a slashed throat, struggling from railing to railing. What do I do??

One of them is going to get asked some stern questions, the other one is going to get helped.

machiavellianme

Sorry took you up wrong. Thought it was a bit like GAA matches where you cant bleed on the pitch. I.e. I could be arrested if I had a nose bleed while walking down the road

IT Loser

machiavellianme wrote: »

Sorry took you up wrong. Thought it was a bit like GAA matches where you cant bleed on the pitch. I.e. I could be arrested if I had a nose bleed while walking down the road

Exactly. You could be arrested, if upon questioning the police could link the nose bleed to a fight they had gotten wind of in the vicinity.

If on the other hand you just suffer from periodical nosebleeds, there's no grounds for detention or questioning.

Ditto urine boy.

Its not illegal to urinate per se...etc etc etc

BaZmO*

IT Loser wrote: »

Exactly. You could be arrested, if upon questioning the police could link the nose bleed to a fight they had gotten wind of in the vicinity.

If on the other hand you just suffer from periodical nosebleeds, there's no grounds for detention or questioning.

Ditto urine boy.

Its not illegal to urinate per se...etc etc etc

I don't get that. It's either illegal to urinate on the street or not. No?

IT Loser

BaZmO* wrote: »

I don't get that. It's either illegal to urinate on the street or not. No?

Not that simple.

If I eat a bad chinese and I have to get sick.....thats one thing. Its not something you can plan, and you ate bad food etc.

If on the other hand, if I am puking my ring on Harcourt St at 0200h then thats another matter altogther.

There is no law which requires you to hold pee.:D Its how you get rid of it that the law looks at.

BaZmO*

So down a lane, out of public view, when there's no public toilets available is ok?

IT Loser

BaZmO* wrote: »

So down a lane, out of public view, when there's no public toilets available is ok?

Strictu sensu, I am not allowed to give you legal advice. Use your imagintion. Suffice it to say that pissing on the window of M&S at 0900 in the AM whilst roaring "A Nation Once Again" and "brits out" would not be looked upon as favourably as a discrete pee in a doorway on Dorset Street in the pitch black on Saturday night.

Bogger77

BaZmO* wrote: »

So down a lane, out of public view, when there's no public toilets available is ok?

nope
if it was out of public view, how could you be caught by the cops.


I believe IT Loser is suggesting that it's an emergency situation, you can't be charged for avoiding soiling yourself, but where it's a case of drunk person urinating in a place public have access to, then that's the offence.

In it's not in public view, that's a different offence, it's in a public place that the OP was caught.

Tom Young

IT Loser wrote: »

Urination in public and bleeding in public are as illegal as one another- it is the circumstances that the case will turn on. Best of luck.

Sorry its totally different to bleeding in public whether voluntary or involuntary.



5 1994 2

[GA] Disorderly conduct in public place. 5.—(1) It shall be an offence for any person in a public place to engage in offensive conduct—

[GA] ( a ) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

[GA] ( b ) at any other time, after having been requested by a member of the Garda Síochána to desist.

[GA] (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

[GA] (3) In this section "offensive conduct" means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

I accept the hearing would turn on the fact of the individual case.

Downtime

Peckham wrote: »

Saturday night, was out in town. Got "caught short" on my way to my Nitelink, popped down an alley-way to relieve myself........Garda van comes round corner. Caught "red handed", no argument.

Garda asks me for ID, I produce an ATM card. He takes my name and address (which I gave him honest details on - was hammered/unsure of situation/keen to get away from them and get my bus, so didn't want any hassle).

After a minute or so he sends me on my way and tells me to expect a summons in the post.

So, what's likely to happen? Will a summons be issued? How much will the fine be?

Happened to a mate of mine - went to court - Garda never showed up - slap on wrist. his old man was not happy when the gardai arrived at the door with a summons though.

IT Loser

Tom Young wrote: »

Sorry its totally different to bleeding in public whether voluntary or involuntary.



5 1994 2

[GA] Disorderly conduct in public place. 5.—(1) It shall be an offence for any person in a public place to engage in offensive conduct—

[GA] ( a ) between the hours of 12 o'clock midnight and 7 o'clock in the morning next following, or

[GA] ( b ) at any other time, after having been requested by a member of the Garda Síochána to desist.

[GA] (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500.

[GA] (3) In this section "offensive conduct" means any unreasonable behaviour which, having regard to all the circumstances, is likely to cause serious offence or serious annoyance to any person who is, or might reasonably be expected to be, aware of such behaviour.

I accept the hearing would turn on the fact of the individual case.

I understood I couldn't give legal advice......so I was trying to use analogies....you can see my predicament.

johnnyskeleton

A pregnant woman or an incontinent person may well have a good defence to say that they just had to go. You're not pregnant and/or incontinent by any chance are you?

bryanmurr

there is a seperate offence for urinating in public, small penalties for it though because its from an old piece of law

Peckham

johnnyskeleton wrote: »

A pregnant woman or an incontinent person may well have a good defence to say that they just had to go. You're not pregnant and/or incontinent by any chance are you?

Well, incontinent due to the effect of 12 pints of Guinness!

cormie

You could always claim you are in court, and then just pee in your pants and go "OH GOD, NOT AGAIN!!!" and run away crying with your hands hiding your face

Lockstep

I was in France for the summer trying to find work.

People piss like old laides over there.
They just go everywhere, ib broad daylight, hobos and mothers and business men.

Ireland is a lot more stringent about it.

Poppy Cock

Mr. beat-around-the-bush IT Loser is vaguely (for whatever dumb reason) trying to say don't worry about it.

BaZmO*

kickoutthejams wrote: »

I was in France for the summer trying to find work.

People piss like old laides over there.
They just go everywhere, ib broad daylight, hobos and mothers and business men.

Same in Holland and Germany in my experience.

johnnysmurfman

LAst time I was in court there were three guys charged with that, they were mates all peeing at the same time down a lane. The all pleaded guilty and were given the Probabtion Act, the first guy was asked to donate 50 euro to charity, the next guy 50euro and the last guy 70euro!!!!! I guess the judge was getting p*ssed off at that stage.

Idbatterim

hey! i got caught urinating in public on 17th March 08, must have been around 3 am (club closing time)! get caught by a guard, give my details, dont hear anything for about a year, on the 15th March 09 a guard calls to the house, he asks if im there, i wasnt, so my brother took the summons. I turn up to court on the requested day and time, guard doesnt show up and I am aksed can I come back roughly a month later, which is this thursday. 3 questions. A. can they issue me with a summons almost a year to the day B. does the summoms not need to be handed to me directly and c. i thought if the guard was a no show, the case would be thrown out. (Especially for something so trivial!) i mean i have now had to take 2 half days off work for this! replies and opinions appreciated!

pirelli

cormie wrote: »

You could always claim you are in court, and then just pee in your pants and go "OH GOD, NOT AGAIN!!!" and run away crying with your hands hiding your face

Yes i remember that. The shocked court room was so quiet you were be able to hear a pin drop. Yeah i remember the judge shook his head slowly with the pity clearly visible on his face, but he still allowed the case continue against you cormie. Even though you were just a vacant puddle of pee on the ground.

Our man in Havana

Idbatterim wrote: »

hey! i got caught urinating in public on 17th March 08, must have been around 3 am (club closing time)! get caught by a guard, give my details, dont hear anything for about a year, on the 15th March 09 a guard calls to the house, he asks if im there, i wasnt, so my brother took the summons. I turn up to court on the requested day and time, guard doesnt show up and I am aksed can I come back roughly a month later, which is this thursday. 3 questions. A. can they issue me with a summons almost a year to the day B. does the summoms not need to be handed to me directly and c. i thought if the guard was a no show, the case would be thrown out. (Especially for something so trivial!) i mean i have now had to take 2 half days off work for this! replies and opinions appreciated!

See a solicitor.

Idbatterim

yeah will go and see a solicitor tomorrow, when i went the first time i was perfectly prepared to take the rap, but if I can get off through their failings then anyone would be an idiot not to atleast try!

fran.c

I heard once that by law you can take a dump in public without fear of prosecution, on the grounds that there is a medical fact that you could die if you didnt take a pooh in time.:o

Perhaps its true perhaps not.:eek:

Nailersy

As far as i'm aware this offence falls into the same catergory as the 'lewd behaviour' thread in that they're both presumably Public Order offences?

g32

Peckham wrote: »

Saturday night, was out in town. Got "caught short" on my way to my Nitelink, popped down an alley-way to relieve myself........Garda van comes round corner. Caught "red handed", no argument.

Garda asks me for ID, I produce an ATM card. He takes my name and address (which I gave him honest details on - was hammered/unsure of situation/keen to get away from them and get my bus, so didn't want any hassle).

After a minute or so he sends me on my way and tells me to expect a summons in the post.

So, what's likely to happen? Will a summons be issued? How much will the fine be?

Served you DAMN RIGHT.

Urinating in public is sub-human and animal behavior. Young Irish drunken men don't think about the consequences for their actions.

Delancey

In certain circumstances might urinating in public be considered an offence of ' indecency ' ?