Witness to an accident

mikemac

Suppose you are walking along the road and see a minor motor accident. One person demands you be a witness and asks you your name and address.
But you don't want hassle and refuse, the accident is nothing to do with you.
So you walk away and leave the two motorists to argue among themselves.

Suppose the traffic corps arrive on the scene pretty much immediately. Can they compel you to get involved and demand a statement?
And to give an extreme example maybe a goverment minister's car gets rammed and then it's a security incident.

I realy doubt they could demand your version of events but I'd be interested to know. Possibly, you could ask the same question about assualts but it's was the traffic accident angle I was looking at

Mods, most pedestrians are pretty much guranteed to see an accident at some stage, so it's a general question.

axer

micmclo wrote: »

Suppose the traffic corps arrive on the scene pretty much immediately. Can they compel you to get involved and demand a statement?

Not unless someone is injured or killed.

micmclo wrote: »

And to give an extreme example maybe a goverment minister's car gets rammed and then it's a security incident.

Not unless they suspect its a security incident i.e. an attempt at kidnapping or assassination etc. (or if someone is injured or killed).

micmclo wrote: »

I realy doubt they could demand your version of events but I'd be interested to know. Possibly, you could ask the same question about assualts but it's was the traffic accident angle I was looking at

Sure what can they do only ask i.e. investigate. I suppose if it is obvious you are lying then they might follow up on it.

The gardai will not investigate a minor collision unless someone is injured or killed and, I presume, if it was a criminal offence. If someone calls the Gardai when they are involved in a minor collision they will just come to possibly direct traffic around etc. and take details for each of the parties involved so that the right information is passed to each party.

Our man in Havana

Not unless someone is injured or killed.

And not even then can they demand a statement.

axer

Bond-007 wrote: »

And not even then can they demand a statement.

exactly. They can only question you but cannot demand a statement.

johnnyskeleton

In a civil or criminal case, a subpoena can be sought and obtained to compel a person to either attend at court or to make a statement. If they still refuse they will be in contempt of court and can be punished for this (usually a small fine).

However, a statement compelled from someone who doesn't want to give it is usually not worth it, and garda policy generally is that if someone doesn't want to make a statement they are not going to force them (particularly if their evidence would be against a family member or if they might be in danger if they made a statement).

That said, if someone asks you to be a witness you should do it because:
1) if something happened to you, you would want a bystander to give evidence;
2) if people don't give evidence of their own free will, the system breaks down; and
3) in a civil case, you can ask that the party calling you or their insurance company pay your witness expenses e.g. €300 for loss of wages and transport for a day in court.

McCrack

You may simply continue walking. The injured parties or the cops cannot arrest you for failing to remain at the scene as witness nor are u legally obliged to give your personal details if asked.
That's the strict legal position.

UrbanFox

johnnyskeleton wrote: »

In a civil or criminal case, a subpoena can be sought and obtained to compel a person to either attend at court or to make a statement.

I understand the compelled witness idea as far as court attendance is concerned.

Out of curiosity, on what basis/authority can an individual be compelled to make a statement ?

Our man in Havana

Out of curiosity, on what basis/authority can an individual be compelled to make a statement ?

There is no basis to compel any person to make a statement.

johnnyskeleton

UrbanFox wrote: »

I understand the compelled witness idea as far as court attendance is concerned.

Out of curiosity, on what basis/authority can an individual be compelled to make a statement ?

The common law, and Order 39 Rule 4 of the Rules of the Superior Courts, by which the courts may order a deposition to be taken on foot of any subpoena. Rarely, if ever used, though.

A person cannot be compelled to make any statement (written or oral) which might implicate them in a criminal offence.