A driver from the North

Kotek Besar

If a resident of NI is driving his NI registered car in ROI, and he's pulled by the Gardai (say, for speeding), is he obliged to answer the Garda's questions? For example:

1. Would the driver be obliged to provide his name, address, licence details to the Garda?
2. Whether obliged to or not, assuming he did give his details, what further action could be taken, being that the driver is not resident in ROI?

Darragh29

benifa wrote: »

If a resident of NI is driving his NI registered car in ROI, and he's pulled by the Gardai (say, for speeding), is he obliged to answer the Garda's questions? For example:

1. Would the driver be obliged to provide his name, address, licence details to the Garda?
2. Whether obliged to or not, assuming he did give his details, what further action could be taken, being that the driver is not resident in ROI?

I think the key thing here is that any person who is in the state and might be guilty of an offence is obliged to answer any reasonable question put to him or her by a Garda. Regardless of your citizenship or where you are from, or the type of offence, RTA, murder or whatever, your obligations are the same when it comes to being questioned in relation to an offence by a Garda.

I don't know if the state will issue a summons to another jurisdiction if you are charged with an offence. Maybe a Garda on the boards could answer that one. I'd say it would depend on the offence. If for example you were from NI and knocked someone down, I know for sure that you could be remanded and kept in custody until your trial if you were considered a flight risk, or you could be remanded on substantial bail to make sure you turned up to face trial.

LostinBlanch

If you want a Guard on boards to answer this one, I'd say you'd have a better chance if you posted this in emergency services.

But my guess is they'll answer yes you do.

whippet

benifa wrote: »

If a resident of NI is driving his NI registered car in ROI, and he's pulled by the Gardai (say, for speeding), is he obliged to answer the Garda's questions? For example:

1. Would the driver be obliged to provide his name, address, licence details to the Garda?
2. Whether obliged to or not, assuming he did give his details, what further action could be taken, being that the driver is not resident in ROI?

i'm no legal expert but if a NI driver refused any details at the roadside I am sure he would be asked those questions shortly again in the nearest garda station.

it is just the same as if a NI resident committed murder, they are in the jurastiction of the Gardai and hence have to follow the law like everyone else.

I believe if the speeding / RTA offence is deemed serious enough the driver can be arrested and held in custody pending the lodgment of Bail or a court case.

Why would you think that NI residents can ignore the directions of the Gardai?

Darragh29

whippet wrote: »

i'm no legal expert but if a NI driver refused any details at the roadside I am sure he would be asked those questions shortly again in the nearest garda station.

it is just the same as if a NI resident committed murder, they are in the jurastiction of the Gardai and hence have to follow the law like everyone else.

I believe if the speeding / RTA offence is deemed serious enough the driver can be arrested and held in custody pending the lodgment of Bail or a court case.

Why would you think that NI residents can ignore the directions of the Gardai?

+1. Unless you make a run for the border, then they can't get ya, but as it's peacetime now and we are all friends again, they could have an RUC man waiting for you when your doing 180KPH through Aughnacloy or over Lifford Bridge! :D:D

Kotek Besar

Thanks lads, appreciate everyone's comments on this. The reason for asking was that I was just curious, that's all.

So, Darragh29, theoretically, if a driver manages to outrun the Gardai and get across the border in to NI, are they then "safe" from the Gardai? Kind of like those police shows on TV where the speeding drivers head for Mexico, and once they're in then the US cops can't do anything?

biko

The RA used to borderhop to get away from the Guards. These days if the Garda has your plate they can pass it on to PSNI, maybe even arrange a welcoming party in Landrovers if you're trying to flee jurisdiction.

Kotek Besar

biko wrote: »

The RA used to borderhop to get away from the Guards. These days if the Garda has your plate they can pass it on to PSNI, maybe even arrange a welcoming party in Landrovers if you're trying to flee jurisdiction.

Gotcha, but would the PSNI care about something that (allegedly) happened outside of their jurisdiction (I don't just mean motoring offenses)?

Apologies if that question is naive..

Henry Ford III

Odd line of questions OP. What's the beef?

Kotek Besar

Henry Ford III wrote: »

Odd line of questions OP. What's the beef?

No beef, just my wild curiosity.

L1011

benifa wrote: »

Gotcha, but would the PSNI care about something that (allegedly) happened outside of their jurisdiction (I don't just mean motoring offenses)?

Apologies if that question is naive..

With the spirit of co-operation these days, its quite likely they would - the favour is returned, anyway.

Darragh29

benifa wrote: »

Thanks lads, appreciate everyone's comments on this. The reason for asking was that I was just curious, that's all.

So, Darragh29, theoretically, if a driver manages to outrun the Gardai and get across the border in to NI, are they then "safe" from the Gardai? Kind of like those police shows on TV where the speeding drivers head for Mexico, and once they're in then the US cops can't do anything?

Well yeah, but the same would be true I imagine if you could outrun them or manage to "lose" them up the mountains somewhere and you were still in the republic. You might be "safe" from the Gardai if you get across the border, you're into a gray area now, I don't know if the Gardai can ask the PNSI to question you about an alleged offence that might have occured in another jurisdiction. This is why we have extradition agreements, so if you murder someone in the UK and make it back here or vice versa, you can be dragged back to the jurisdiction where you committed the alleged offence and be made answer for it at a trial. I don't know what powers the Gardai or the PNSI have with regard to lesser offences in another jurisdiction, as is the question in your OP, I think basically you are off if you can make it out of the jurisdiction, although I heard that the PNSI and the gardai were cooperating in recent years on this, so that there would be a PNSI checkpoint AT the very line of the border on the road ahead of you so you literally could not fly across the border, you'd have to stop your car or else drive through a PNSI checkpoint and the gardai would catch you while you were still on their turf.