Fake Details

SYLT

What is stopping anybody from giving my details to a Guard for a relatively small but criminal offence eg public urinating, drinking in public etc?

I'm not paro at all, I swear

clancyoo7

S.24 Criminal Justice Public Order Act makes it an offence to fail or refuse to give your name and address

SYLT

clancyoo7 wrote: »

S.24 Criminal Justice Public Order Act makes it an offence to fail or refuse to give your name and address

That's not what I mean though.

I'm talking about somebody giving in somebody elses details.

pirelli

1. Giving Someone elses details has in many occasions resulted in a summons going to that person and their address.


2. They might find out and it could lead to a prosecution much more serious than the original indiscretion.

Their is CCTV and much greater possibility of being caught and it wont be long before they radio the name in to station and verify it like they do in Britain.
It might be possible in a built up area but the police can identify you over time in your own areas.


Common sense.

I do not know if this is relevant factor:

3. If your delibertly trying to get that person in trouble its cowardly behaviour.


When I was very young my friend stupidly took his dads car and rolled it across the road in an attempt to drive it and crashed it into the kerb damaging the wheel. He couldn't get the car back into the driveway . It was looking very dodgy sitting on the public road.


The Garda turn up. They ask what has happened. My friend was too scared so i spoke up. I lied and said we were collecting my grandfather from the airport ( it was 4 am in the morning ) and my dad ran into the kerb. My dad took my grandad home in the taxi and was coming back with a tow truck. I gave a fictious name.

They were more than satisfied and wished us luck. I am not sure if this was the right thing to do but it solved a major headache and all remained was for him to tell his mom and dad and get the car towed.

I regret it now and should have let him get in trouble. A mistake that has arisen again with another friend. Feck them they are never worth it.

Trojan911

SYLT wrote: »

What is stopping anybody from giving my details to a Guard for a relatively small but criminal offence eg public urinating, drinking in public etc?

I'm not paro at all, I swear

There isn't anything stopping a person doing that. It's down to the officer to satisfy him/herself that you have furnished correct details so he/she can serve a summons at a later stage if the need be.

This can be done at the scene or down the station.

SYLT

Trojan911 wrote: »

There isn't anything stopping a person doing that. It's down to the officer to satisfy him/herself that you have furnished correct details so he/she can serve a summons at a later stage if the need be.

This can be done at the scene or down the station.

That really annoys me.

What would happen if my name was given but an address around the corner from me? Would they automatically assume it was me?

SYLT

Anyone??

dermot_sheehan

When it goes to trial the garda will have to give evidence that the person there in court was the person who committed the offence.

Trojan911

SYLT wrote: »

Anyone??

Sorry missed your Q. As Gabhain7s post.

As I said, if your name and a moody address is given, again it is down to the officer to establish these are correct at the time....

JohnK

gabhain7 wrote: »

When it goes to trial the garda will have to give evidence that the person there in court was the person who committed the offence.

When the garda confirms that the person in court was not the one stopped, is there any sort of compensation for the person who had to take a day off work and presumably lost income because of it?

SYLT

Trojan911 wrote: »

Sorry missed your Q. As Gabhain7s post.

As I said, if your name and a moody address is given, again it is down to the officer to establish these are correct at the time....

That being at the scene?

Our man in Havana

JohnK wrote: »

When the garda confirms that the person in court was not the one stopped, is there any sort of compensation for the person who had to take a day off work and presumably lost income because of it?

None whatsoever.

eagle_&_bear

There's nothing to stop someone giving someone else's details.

As another poster said, upto the Garda to be satisfied. But if you were to receive the summons and did not attend the court, that would land you in a spot of bother. notwithstanding that you werent the person caught doing whatever, the summons would order you to court. You stand and tell the judge that this was the first time you ever received notice of this and you dont know what it was about. upto the Garda to put the information before the court and if the court is not satisfied, the Judge will excuse you and thank you for coming.

As for compensation - there's no facility for that I'm afraid. but if you received the summons (even if in the wrong) and you failed to appear, that would be serious on your part. As you'd breach a court order and that would land you in trouble

JohnK

Interesting, seems like a way to totally screw someone over then - especially someone who'd be self employed. How about if the person who gave your name was subsequently found, would you have any realistic chance of claiming off them?

Our man in Havana

Unless a person has verifiable ID at the scene they should be detained at the station until their identity can be verified.

eagle_&_bear

JohnK wrote: »

Interesting, seems like a way to totally screw someone over then - especially someone who'd be self employed. How about if the person who gave your name was subsequently found, would you have any realistic chance of claiming off them?

In theory yes if you went to the bother of proceeding with a civil suit against them. I'd imagine you'd have to claim fraud and defamation if you were seeking compensation for the matter.

[As for the criminal side, the gardai could seek DPP directions on the matter as to failing to give details correctly/ s8 CJ(PO)A 1994]

Whitewater-AGS

Bond-007 wrote: »

Unless a person has verifiable ID at the scene they should be detained at the station until their identity can be verified.

Well a check would normally be carried out over the radio to see if the person has come to our attention before a few questions normally shows if the person is who they are claiming to be. If we where to take everyone back who was not carrying I.D we would never be on the street.

eagle_&_bear wrote: »

[As for the criminal side, the gardai could seek DPP directions on the matter as to failing to give details correctly/ s8 CJ(PO)A 1994]

No looking for directions needed straight charge or summons for this offence

Our man in Havana

It is a great reason to argue for the introduction of ID cards.

Princess Zelda

Presumably prior to going to court, a summons would be issued to your home address indicating the offence which you are being summonsed for. At this stage, if your name has been given by somebody else, your best course of action would to be to speak to the Superintendant in the station where the offence occured and try and sort it out prior to going to court - this will save your time, the Garda's time and the courts time.

Our man in Havana

The Gardaí may not entertain such contact at the summons stage. It has nothing to do with saving anyones time.

SYLT

Bond-007 wrote: »

It is a great reason to argue for the introduction of ID cards.

Agreed.

Whitewater-AGS

Yes but can already hear the cry's of the bleeding heart civil liberties brigade!