Luas query

Hamiltonion

If caught on the luas without a ticket they ask for ID, if you claim to have none can they actually do anything? They're not the Gardai and have no right to search/restrain you or prevent you from leaving the luas, is there a fault to my logic?

Captain Chaos

Hamiltonion wrote: »

If caught on the luas without a ticket they ask for ID, if you claim to have none can they actually do anything? They're not the Gardai and have no right to search/restrain you or prevent you from leaving the luas, is there a fault to my logic?

What you are doing is the same as shop lifting so yes they can hold you until the gards arrive.

Our man in Havana

Wrong, they cannot. They have no statutory powers to detain anyone.

McCrack

They do have 'citizen arrest' powers:

http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0007.html#partii-sec7

http://www.irishstatutebook.ie/2001/en/act/pub/0050/sec0008.html#partii-sec8

I'm pretty sure there are Luas SI's somewhere too that give them specific powers.

Our man in Havana

They do have powers to demand name and address but afaik there is nothing to stop you from walking away.

Max Power1

Bond-007 wrote: »

Wrong, they cannot. They have no statutory powers to detain anyone.

www.irishstatutebook.ie wrote:

any person may arrest without warrant anyone who is or whom he or she, with reasonable cause, suspects to be in the act of committing an offence under this section.

They do as far as i see here from the previously linked statute

Blarney92

According to the second part of that statute book a "citizens arrest" can only be made if the person being arrested is avoiding arrest by a member of the guards.

Hardly the case on the luas......


(

5) An arrest other than by a member of the Garda Síochána may be effected by a person under subsection (3) only where the person, with reasonable cause, suspects that the person to be arrested by him or her would otherwise attempt to avoid, or is avoiding, arrest by a member of the Garda Síochána

Max Power1

Or would otherwise attempt to avoiid arrest

dats_right

The relevant section of legislation would appear to be section 132 of the Railway Safety Act 2005

servicecharge

Is is not an arrestable offence, hence a 'citizens arrest' would be unlawful.

NilByMouth

Hamiltonion wrote: »

If caught on the luas without a ticket they ask for ID, if you claim to have none can they actually do anything? They're not the Gardai and have no right to search/restrain you or prevent you from leaving the luas, is there a fault to my logic?

Just pay the fair and dont be a scabby w*anker:D

McCrack

As regards the OP question I would still maintain they would have power of arrest with regard to the CJTFOA 1997 (legislation I quoted) vis a vis 'arrestable offence' contained in the Criminal Law Act 1997 (citizens arrest).

Whether they choose to exercise it is another story.

I Don't think the Railway Safety Act applies to light rail and in any event S132 by its definition would not allow an inspector power of arrest for non payment.

But yes legalities aside just pay the couple euro and everybody is happy.