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miranda rights?

  • 08-12-2009 8:55pm
    #1
    chem
    Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭


    If arrested and you are not read your miranda rights is it legal? Or is any questioning after that allowed in court?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,580 ✭✭✭✭Victor


    We don't have Miranda Rights, but we do have similar ones. I'm not sure, but only the basic needs to be given when arrested and the rest as you are being processed in the station.

    http://en.wikipedia.org/wiki/Miranda_warning


  • #3
    chem
    Registered Users, Registered Users 2 Posts: 1,230 ✭✭✭chem


    If give no "right to remain silent" speach etc at all is it legal? If just arrested under section XX of an arrestable offence and not read your rights before questioning is it legal under Irish law? Or did Ahern do away with that?


  • #4
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    We don't have a mandatory warning of the constitutional right to silence and legal counsel as per Miranda v. Arizona in the U.S.

    A suspect should however be cautioned under the Judge's Rules, else the court can hold their confession inadmissable
    http://en.wikipedia.org/wiki/Judges%27_Rules

    Also The Garda Custody Regulations require a person to be informed they can consult a solicitor.


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