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"A garda is never off-duty"

  • 02-11-2008 11:01PM
    #1
    Closed Accounts Posts: 19,080 ✭✭✭✭


    What exactly does this mean? To what extent do you act like a Garda when "off-duty"?

    If you're on Grafton St and there's a fight. Do you get involved?

    If you see a shoplifter get stopped by store security do you get involved?

    If you see someone driving dangerously can you approach them at the traffic lights?


Comments

  • Closed Accounts Posts: 62 ✭✭hammy140


    I think the official stance as thought to me by the powers that be is that an off duty officer - drunk or not- can be held accountable if they DONT get involved in the instance of an incident that causes serious injury or death to another.EG a serious assault, and you're in the area.

    But most people on here will agree I think not to get involved when off duty, a phonecall to tip off the local constabulary would be about the extent of my involvement for all non-serious incidents.

    I've heard a few stories where the production of badge at a row while on a night out has inflamed the situation.


  • Registered Users, Registered Users 2 Posts: 404 ✭✭ScubaDave


    One or two motorists have suffered at my hands off duty! Muppets!


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    I have prosecuted people for seeing something off duty, all have been traffic related. One occasion I got home from work I could hear sirens going around the town so I went to have a look. Turned out a patrol car was in a car chase. I helped the lads restrain the two men in the car.

    One rule of thumb though is I never get involved when on my own unless it is really necessary. If I see members needing assistance I will get involved.


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    Gardai retain their powers when off duty in the entire jurisdiction.

    The difference between off duty and on duty? Well when your on your in uniform patroling and looking for things. When your off duty your not.

    We are also legally required to carry our ID and identify ourselves if we become involved in an incident either as a Garda, suspect or witness.

    The reality as we have been told is that if you see something outside your district off duty detail it and pass it on to the local station. If you see something in your own district off duty detail it and follow up when you go on duty. However If theres a danger to life and/or property call it in and act as you are accountable not just for your actions but for failing to act. Dont know the term in Ireland but I think its known as professional manslaughter if you failed to act and life was lost as a result (case law from the UK, cant remember the case).

    I have never arrested someone off duty but I have dealt with a few things such as a violent shoplifter when I was shopping ten metres away or dangerous driving in my own area. On that occasion I took reg plates but it was getting out of hand so I then intervened.

    Plenty of lads i know have arrested drink drivers, pickpockets, etc while off duty but by the same token I know a few lads that have had the **** hammered out of them when off duty trying to intervene without making a call first.


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    So if you're a Garda on your way to the shops off duty and I drive into the back of you then you have to identify yourself as a Garda? Same story if you drive into the back of me?

    Am I right in assuming you cannot deal with any Garda job involving yourself (i.e. your house got robbed or I crashed into you etc?)?

    A Garda has to carry their ID all the time even when off duty ?

    Entire juristiction = Republic of Ireland ??


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  • Closed Accounts Posts: 1,155 ✭✭✭metman


    Random wrote: »
    So if you're a Garda on your way to the shops off duty and I drive into the back of you then you have to identify yourself as a Garda? Same story if you drive into the back of me?

    No on both counts. Why would your job make any difference to a road traffic accident that occurred off-duty?
    Am I right in assuming you cannot deal with any Garda job involving yourself (i.e. your house got robbed or I crashed into you etc?)?

    Correct. This would be considered to be a potential conflict of interest.
    A Garda has to carry their ID all the time even when off duty?

    No you don't have to carry your ID 24/7 but officers/members I know do so. I always carry my ID. Not doing so might make identifying yourself off-duty more difficult.
    Entire juristiction = Republic of Ireland ??

    And 9 miles out to sea I think.

    Ordinarily most officers will only get involved off-duty if its a life or limb type scenario. Malfeasance is an offence covering neglect of duty and you could potentially be looking at that if you failed to act under certain circumstances, but your duty can be discharged by making a phonecall and calling it in. Ultimately you have to weigh up the risk in getting involved with no radio, kit, backup etc.


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    metman wrote: »
    No on both counts. Why would your job make any difference to a road traffic accident that occurred off-duty?
    My question was a follow up to "We are also legally required to carry our ID and identify ourselves if we become involved in an incident either as a Garda, suspect or witness."
    [/QUOTE]


  • Closed Accounts Posts: 55 ✭✭luckyjimbobs


    If a garda is always on duty even when off duty then i have problems.

    My fiancee is in the gardai so can i be done for molesting a garda when in bed

    If so i would like 825 offices to be taken into consideration!!!


  • Closed Accounts Posts: 55 ✭✭luckyjimbobs


    offences even lol


  • Closed Accounts Posts: 1,155 ✭✭✭metman


    Random wrote: »
    My question was a follow up to "We are also legally required to carry our ID and identify ourselves if we become involved in an incident either as a Garda, suspect or witness."

    Except that in you running into the back of a member's car, he is not acting or involved as a garda. He is a witness as joe public, not as an off-duty garda.


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  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Surely he is a "suspect" then though?


  • Closed Accounts Posts: 1,155 ✭✭✭metman


    They would both be parties to an accident, that if without injury would be a simple swap of insurance details, or if an accident rta then the guards would be called, a report taken and investigated and any subsequent offences disclosed actioned.


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    metman wrote: »
    They would both be parties to an accident, that if without injury would be a simple swap of insurance details, or if an accident rta then the guards would be called, a report taken and investigated and any subsequent offences disclosed actioned.
    Garda can prosecute people for dangerous driving. Can this Garda who is a "victim" of this accident prosecute the guy who crashed into him for dangerous driving? Or how does this work?


  • Closed Accounts Posts: 1,155 ✭✭✭metman


    The guard who is run into will not investigate or prosecute. He will give his account to the Guards who are called and they will then investigate. If say the Guard was then discovered to have committed an offence he would be prosecuted and his being a Guard would have no bearing. If on the other hand the member of the public was found to have been driving dangerously he could be arrested by the guard he ran into, but not prosecuted by him*, the job would be taken over by another guard.....we're back to the earlier conflict of interest.

    *Not impossible but generally good practice dictates that the case would be handled by another member, so as to be impartial.


  • Registered Users, Registered Users 2 Posts: 2,699 ✭✭✭samhail


    sure how coulda guard get into pubs/clubs for free without the id !


  • Closed Accounts Posts: 19,080 ✭✭✭✭Random


    Alright thanks again for the info.

    Just trying to get a bit of an insight :)


  • Closed Accounts Posts: 1,155 ✭✭✭metman


    No probs :)


  • Registered Users, Registered Users 2 Posts: 404 ✭✭ScubaDave


    Metman, just to correct you, a member of An Garda Siochana IS REQUIRED to carry their identity card at all times. Its a disciplinary offence otherwise.


  • Registered Users, Registered Users 2 Posts: 23,698 ✭✭✭✭Esel
    Not Your Ornery Onager


    Metman - desk duties for 2 weeks. :D

    Not your ornery onager



  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    Random wrote: »
    So if you're a Garda on your way to the shops off duty and I drive into the back of you then you have to identify yourself as a Garda? Same story if you drive into the back of me?

    Ha, no. I meant identify himself to the Gardai that respond to the incident. The Ombudsman may need to become involved depending on the situation.
    Random wrote: »
    Am I right in assuming you cannot deal with any Garda job involving yourself (i.e. your house got robbed or I crashed into you etc?)?

    If were an active party to the event we cannot take action. If we witnessed it as a third party we can but usually would not for traffic accidents and similar events.
    Random wrote: »
    A Garda has to carry their ID all the time even when off duty ?
    Indeed. It goes back donkeys years and actually, back in the day you had to carry your notebook as well, strangely though not your baton or cuffs.
    Random wrote: »
    Entire juristiction = Republic of Ireland ??
    As per Metman.


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  • Closed Accounts Posts: 640 ✭✭✭King Ludvig


    Are you allowed carry your cuffs around with you while off duty?


  • Registered Users, Registered Users 2 Posts: 404 ✭✭ScubaDave


    Are you allowed carry your cuffs around with you while off duty?

    Why would you want to?


  • Registered Users, Registered Users 2 Posts: 22,584 ✭✭✭✭Steve


    Are you allowed carry your cuffs around with you while off duty?
    ScubaDave wrote: »
    Why would you want to?

    kinky....:D


  • Closed Accounts Posts: 417 ✭✭the locust


    I carry my id everywhere its invaluable! Id carry cuffs with me on my break when i go down to the shops in half blue but thats just a habit in work. I have a spare set in my car. I suppose you never know when you might have to deal with somethin.

    I normally wear them off the back of my trousers serpico style, They weigh nothing and dont bother me but they are there if i need them.


  • Closed Accounts Posts: 640 ✭✭✭King Ludvig


    ScubaDave wrote: »
    Why would you want to?

    You answered my question with another question, I asked are you ALLOWED carry them when off duty :p

    Just in case you might need them I suppose, say if you have to make an arrest?


  • Registered Users, Registered Users 2 Posts: 2,699 ✭✭✭samhail


    cuffs arent "illegal" as such... so isnt anyone "allowed" to wear them ?


  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    samhail wrote: »
    cuffs arent "illegal" as such... so isnt anyone "allowed" to wear them ?

    Not that I'm aware of


  • Closed Accounts Posts: 2,357 ✭✭✭Eru


    I carry my cuffs and baton to and from work as I dont always go direct to the station and they are on my belt however once I get home the uniform and gear goes in the cupboard.


  • Closed Accounts Posts: 29,472 ✭✭✭✭Our man in Havana


    Is there any law on the books that prevents a civilian from carrying handcuffs?


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  • Registered Users, Registered Users 2 Posts: 4,160 ✭✭✭TheNog


    Bond-007 wrote: »
    Is there any law on the books that prevents a civilian from carrying handcuffs?

    Not that I have heard off tbh. Handcuffs are not a weapon


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