Quick question

CHealy

Hi folks, my younger brother got arrested on friday last for failing to comply(sp?) with a garda instruction. They told him he'll be getting a summons in the post for a date in court. He was told move from a certain part of town by the guard and he asked why and being honest, it sounds like he got cheeky with the guard. Just wondering what will actually happen to him in court, he has no other convictions and he's sh**ting himself at the mo??

Thanks people

pvt.joker

tell him to get himself a solicitor. Turn up in court smartly dressed, apologise for his actions. Maybe have a word with the guard before the court date and apologise.
He'll more than likely get a small fine/probation

CHealy

Cheers man

ste88m

What age is he exactly? If he's under 18, then it probably will be referred for the J.L.O to deal with.

Anyway, I'd assume he was done for s.8 of the Public Order (Criminal Justice) act. Most likely it'll just be a fine, though that offence can carry a max of 6 months imprisonment. Though, that rarely, and I mean very rarely happens.

If he is genuinely sorry, and has a clean slate he'll probably just get a slap on the wrist, with a fine. Nothing major.

EDIT: There is also the Adult Caution Scheme, though, that's usually mentioned to person in question there and then. He could receive a call about that though.

CHealy

CHealy wrote: »

Hi folks, my younger brother got arrested on friday last for failing to comply(sp?) with a garda instruction. They told him he'll be getting a summons in the post for a date in court. He was told move from a certain part of town by the guard and he asked why and being honest, it sounds like he got cheeky with the guard. Just wondering what will actually happen to him in court, he has no other convictions and he's sh**ting himself at the mo??

Thanks people

If he wants a straight answer of exactly what will happen tell him to contact the arresting garda. You will only get speculation on here.

480905

Is section 8 used by Gardai as a matter of course or do they know how to apply the act as it stands? Under Section 8 , a Garda has to form an opinion based on sections 4,5,6,7 and 9 of the act and if any of these aren't in violation then he/she has no right to invoke section 8. Any opinions ?

ScubaDave

Or if they are loitering in a manner that gives rise to concern over the maintenance of public peace!

source

480905 wrote: »

Is section 8 used by Gardai as a matter of course or do they know how to apply the act as it stands? Under Section 8 , a Garda has to form an opinion based on sections 4,5,6,7 and 9 of the act and if any of these aren't in violation then he/she has no right to invoke section 8. Any opinions ?

that's just section 8(1)(a) there is also section 8(1)(b) which says:

( b ) without lawful authority or reasonable excuse, is acting in a manner which consists of loitering in a public place in circumstances, which may include the company of other persons, that give rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace, the member may direct the person so suspected to do either or both of the following, that is to say:

(i) desist from acting in such a manner, and

(ii) leave immediately the vicinity of the place concerned in a peaceable or orderly manner.

section 8(2) makes refusing to obey S8(1)(a) or S8(1)(b) an offence.