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Significance of the reply made to a charge?

  • 15-11-2007 05:25PM
    #1
    Our man in Havana
    Closed Accounts Posts: 29,472 ✭✭✭✭


    Just curious, what is the significance of the reply an accused makes when charged in a Garda station? Whenever a person is in court charged with a serious offence it is always reported what reply was made when charged in the station? Like Johnny replied "no" when charged with theft etc.

    I am just wondering why that is the case? What difference does it make what reply if any is given?


Comments

  • #2
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,561 Mod ✭✭✭✭johnnyskeleton


    Bond-007 wrote: »
    Just curious, what is the significance of the reply an accused makes when charged in a Garda station? Whenever a person is in court charged with a serious offence it is always reported what reply was made when charged in the station? Like Johnny replied "no" when charged with theft etc.

    I am just wondering why that is the case? What difference does it make what reply if any is given?

    Examples include:
    I am now arresting you [...] for murder, [caution] do you wish to reply:
    "He deserved it for what he did to my sister"

    I am now arresting you [...] for rape, [caution] do you wish to reply:
    "She consented to sexual intercourse" (or more realistically "she was gaggin for it")

    I am now arresting you [...]for possession of stolen property, [caution] do you wish to reply:

    "I bought it legitimately from X, ask X if you don't believe me"

    The significance is that it can be used for or against them later in evidence. In the first case, while arguably inadmissable, it would give the jury an indication of his intention. In the second, it is effectively an admission that sexual intercourse took place, but it also supports any defence of consent which the accused may wish to make. In the third one, if the gardai don't investigate the offence further with X, they might get stung on a Braddish/Dunne point.


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