general questions on arrest

samslade

How long does it generally take?

At what point do people apply for legal aid?

When do they decide on a court date?

If a person is jointly charged, do they need to be arrested at the same time as the co-accused?

If a person is charged with a criminal offence are they always arrested or are they sometimes presented with a summons without arrest? If they are not always arrested, under what circumstances would they be arrested rather than just presented with a summons?

Do arrests always stay on record? Even if a person can actually prove their innocence (as opposed to providing a reasonable doubt)?

Thanks

McCrack

Anybody correct/add to this if I'm off the mark..

How long does it generally take?

Depends upon what the individual is arrested for. Generally its up to 24hours if the member in charge believes it necessary for the "proper investigation" of the offence. Can be extended to I believe to 72 hours if a District Court Judge so warrants.
The Criminal Justice (Drug Trafficking) Act 1996 permits detention of up to SEVEN days. This to my knowledge has never been done.


At what point do people apply for legal aid?

Usually it's when a person is brought before the District Court. If charge is serious and real risk of imprisonment, Judge will grant legal aid cert.


When do they decide on a court date?

This is a matter for the Courts Service. Must be within a reasonable time from arraignment if the accused pleads not guilty.

If a person is jointly charged, do they need to be arrested at the same time as the co-accused?

No

If a person is charged with a criminal offence are they always arrested or are they sometimes presented with a summons without arrest? If they are not always arrested, under what circumstances would they be arrested rather than just presented with a summons?

No. Arrest is only for purposes of investigation and/or securing a person's appearance before the courts.
Sometimes a person will be invited down to a Garda Station by an investigating member. They are not under arrest but are there voluntary.
If during the course of discussion it becomes apparent to the Garda that person is admitting the offence they must be cautioned before any statement is taken.
The member may decide to arrest at this point. If not a cautioned statement can still be taken and used to procure a charge.
Person leaves and will receive a summons in due course.

Do arrests always stay on record? Even if a person can actually prove their innocence (as opposed to providing a reasonable doubt)?

The Garda must have a record of the arrest. This is a mandatory requirement that the legislation puts upon them.

cushtac

samslade wrote: »

Do arrests always stay on record? Even if a person can actually prove their innocence (as opposed to providing a reasonable doubt)?

Being arrested does not attach any guilt to a person, and there must be a record of your arrest. If a person is arrested, brought to court & eventually found not guilty it still wouldn't change the fact that he had been arrested.

anonimouse

How long does it generally take?

It depends on what the Gardai are investigation and under what authority they have made the arrest.

At what point do people apply for legal aid?

When the accused is first brought before a judge.

When do they decide on a court date?

The Court Service will set a date. If charged under the charge sheet procedure, the complaint in relation to the offence must be brought before a court for the first time within 6 months of the date of the alleged offence. If all parties are ready at this stage and the case is brought in the District Court then the hearing will probably proceed at this first appearance. If there are outstanding matters the court may adjourn the hearing of the case until they are dealt with.

If the matter is being dealt with by way of summons (by way of infromation or through the DC clerk) then the summons must issue to the accused within 6 months of the alleged offence.

If a person is jointly charged, do they need to be arrested at the same time as the co-accused?

No.

If a person is charged with a criminal offence are they always arrested or are they sometimes presented with a summons without arrest? If they are not always arrested, under what circumstances would they be arrested rather than just presented with a summons?

They may be summonsed without being arrested, arrest and detention is for the purposes if investigating the matter.

Do arrests always stay on record? Even if a person can actually prove their innocence (as opposed to providing a reasonable doubt)?

Yes but an arrest is not the equivalent of a conviction and therefore should not have a bearing on a persons future prospects. The Gards are required to retain such information by statute.

445279.ie

anonimouse wrote: »

When do they decide on a court date?

The Court Service will set a date. If charged under the charge sheet procedure, the complaint in relation to the offence must be brought before a court for the first time within 6 months of the date of the alleged offence. If all parties are ready at this stage and the case is brought in the District Court then the hearing will probably proceed at this first appearance. If there are outstanding matters the court may adjourn the hearing of the case until they are dealt with.he alleged offence.

If released on station bail on a charge sheet it's brought before the District Court within a month.

A summons must be issued within six months for a summary offence.

Our man in Havana

DCC160 wrote: »

If released on station bail on a charge sheet it's brought before the District Court within a month.

Is a court date given at the time of being bailed?

DCC160 wrote: »

A summons must be issued within six months for a summary offence.

Indeed, but the court may not be for a long time after the six months.

Victor

Bond-007 wrote: »

Is a court date given at the time of being bailed?

I think it would have to be. Bail has to be reviewed by a court, it can't be left to the Garda forever.

I imagine its usually for the next District Court sitting thats available. On the news, you often hear of special sittings in odd places, simply becuase its the next available sitting, e.g. a murder in Wexford and the hearing is at 7:00pm in Carlow. Obviously for lesser offences just get fitted in to the normal schedule.

445279.ie

Bond-007 - yes, if you are released on station bail, the court date is on the bond that you sign.

In relation to summonses. The summons has to be applied for within 6 months, but as you quite rightly state, the court date can be well after this date. Depends on where in the country, availability of court dates, etc etc etc.

445279.ie

Victor wrote: »

I think it would have to be. Bail has to be reviewed by a court, it can't be left to the Garda forever.

I imagine its usually for the next District Court sitting thats available. On the news, you often hear of special sittings in odd places, simply becuase its the next available sitting, e.g. a murder in Wexford and the hearing is at 7:00pm in Carlow. Obviously for lesser offences just get fitted in to the normal schedule.

If you've been charged with a "serious" crime say on Friday night at 11pm then you have to go to court before 5pm the following day (saturday). Aslo happens if someone is picked up on a bench warrant.

If it's just public order, theft, drunk driving etc., then you can be released on station bail by the Gardai to a date within one month.

freefromgov

Arrest is not allowed for the purpose of investigation. This area is grey so the gardai use it to there full advantage and because most people dont know a thing about law they let the gardai tell them there rights. If you have to or accept somone telling you your rights you only have the rights they offer all other rights you think you have are gone.
I myself would tell them that I have all of my rights and i waive none of them.

Gobán Saor

freefromgov wrote: »

Arrest is not allowed for the purpose of investigation.

That's not true. Section 4 of the Criminal Justice Act 1984 allows the Gardai to arrest a person on reasonable suspicion of having committed an arrestable offence (one with a possible sentence of 5 years imprisonment or more.) There is no shade of "grey" about this - it is crystal clear. Historically, there was some semblence of grey before the 1984 Act. Until then (apart from the Offences Against the State Act) there was no general power of arrest for questioning so the Gardai would "invite" suspects to "help them with enquiries." The might not always have pointed out in clear language that there was absolutely no obligation on the suspect to comply! However, all that has now changed. In addition to the 1984 Act, the Misuse of Drugs Act, the Criminal Justice Act 2007 and the Offences Against the State Act (as amended post the Omagh bombing) all provide for copious powers of arrest for the purpose of investigation of offences.

freefromgov wrote: »

This area is grey so the gardai use it to there full advantage and becaus most people dont know a thing about law they let the gardai tell them there rights. If you have to or accept somone telling you your rights you only have the rights they offer all other rights you think you have are gone.
I myself would tell them that I have all of my rights and i waive none of them.

Your rights are laid out in legislation, in case-law and in the Constitution. They do not vanish because someone offers you a specific subset of those rights. In certain circumstances you can waive some of your rights - they can't be waived for you.

Johnny Utah

The 1984 Act governs detention.

Under section 4 of the Criminal Law Act 1997, a Garda may arrest without a warrant any person he observes or reasonably suspects to be in the act of committing an arrestable offence; or where an arrestable offence has been committed, any person he reasonably suspects of having committed it. According to section 2(1), an ‘arrestable offence’ is “an offence for which a person of full capacity and not previously convicted may, under or by virtue of any enactment, be punished by imprisonment for a term of five years or by a more severe penalty and includes an attempt to commit any such offence”.

Furthermore, a person arrested must be informed of the factual basis for his arrest and the legal authority under which it is exercised.






I think the above poster was referring to cases where a person is "invited" to a Garda station, after being put under the impression that they were obliged to assist, or else cases of arrest where reasonable suspicion was absent.