Bench Warrant Execution at Airports

travelguru

If there is a bench warrant issued for a person, can they be arrested on inbound our outbound flights from Cork, Shannon or Dublin.
If you do know the answer, I would like you to post proof rather than just your opinion.:D

Turner

Only if they come to the attention of the immigration gardai at passport control and they check them up. Then its off to the clink with them.

MagicSean

What kind of proof do you want? Why do you think an airport is any different to any other place?

travelguru

Sorry, maybe came across the wrong way about proof..you know the way there can be so many different opinions, it's hard to know what to believe. I was thinking along the lines of...can Airport police execute the warrant.

I assume you would only come to the attention of immigration if you were a well known criminal??

Bosco boy

Only gardai can execute bench warrants, airport police - no

trad

I was present for the arrest of an IRA fugitive on foot of a bench warrant in the early 90's at Dublin Airport, so yes it does / can happen. The warrant was executed by members of the Garda Siochana.

ILA

Last time I was arriving from Stansted there was a number of plainclothes Gardai waiting just as you enter the baggage claim area from the corridors. They were standing off to the side before the colour coded Customs exit, waiting for someone with a piece of paper in hand.

So yes, the Gardai can execute a bench warrent anywhere within the jurisdiction, but in practice they'd have to have reason to believe (collected intelligence) that the person they were looking for was coming in. I dobut they'd catch it at passport control, as unlike the UK and US they don't scan the Irish passports against a computer database.

travelguru

ILA wrote: »

Last time I was arriving from Stansted there was a number of plainclothes Gardai waiting just as you enter the baggage claim area from the corridors. They were standing off to the side before the colour coded Customs exit, waiting for someone with a piece of paper in hand.

So yes, the Gardai can execute a bench warrent anywhere within the jurisdiction, but in practice they'd have to have reason to believe (collected intelligence) that the person they were looking for was coming in. I dobut they'd catch it at passport control, as unlike the UK and US they don't scan the Irish passports against a computer database.

That sounds like the best explanation.

Alpha Papa

In short, Yes Airport Police can arrest a person who is wanted on warrant by the AGS or others etc..

Under section 33 of the Air Navigation & Transport Act 1988 an Authorised Officer ( i.e member of the Airport Police) can arrest a person for having no lawful purpose on a state airport.

Being wanted on a bench warrant and attempting evade the Gardai by exiting the country is considered unlawful. The person can be arrested,detained and placed in Airport Police custody until being handed over to the relevant authorities.

Airport Police share and recieve information though a MOU with several agencies etc.. and under law have access to flight details and passenger information etc.. Same as Gardai in this regard.

Below is a example where a person came to there attention and who was wanted on Military warrant by the Military Police.

A YOUNG soldier has been jailed for three months and is facing the end of his military career after being convicted for driving without insurance for the fourth time.

Father-of-one Gary McQuillan (19), a three-star private in the Defence Forces was sentenced after a court heard he had already been detained at Dublin Airport and returned to the Army for disciplinary action for being absent without leave.

Judge Catherine Murphy said she had no choice but to sentence him on third and fourth convictions for uninsured driving.

Dublin District Court heard his conduct was rated "fair" but a prison sentence would "effectively end his involvement in the defence forces". McQuillan, of Moyclare Park, Baldoyle, was before the court on two counts of uninsured driving in north Dublin last year. The case had been heard previously and was back before Judge Murphy for a probation report.

Apart from the criminal case against him, McQuillan had been facing disciplinary procedures for being AWOL for 107 days over three occasions.

GIRLFRIEND

The prosecuting garda said the accused had not returned to the Army of his own free will but had come to the attention of the Airport Police and was returned to the defence forces on a military warrant.

He was fined 107 days' pay.

Barrister Enda O'Neill said McQuillan's "destructive behaviour" followed a "particularly unfortunate run of events" in the space of a year. He was also unhappy with the duties he was able to do in the army following a serious accident and injury.

Mr O'Neill asked the judge to consider imposing a community service order and pointed out that the accused had taken part in boxing in Baldoyle.

"I don't see any way not to impose a custodial sentence," Judge Murphy said. "I don't see anything in his behaviour since then that allows me not to impose a custodial sentence."

The court heard previously he went AWOL because his "head was all over the place" following a row with his girlfriend.

He had been due to serve in Kosovo, but that had to be cancelled because he was involved in a motorcycle accident and broke bones in his back.

aphelan@herald.ie

- Andrew Phelan

airfield

I think you are the same person who was barred from the emergencyservicesforum for giving false information, and you were not allowed to become a full member as the airport police are not regarded as an emergency service.

With regard to bench warrants. AP have no power to arrest for a bench warrant, also you could leave yourself wide open to a civil suit if you detained anybody for this purpose. Sec. 33 states:

(v) whom he knows not to have, or whom he reasonably suspects of not having, a lawful reason for being on the aerodrome.

This law was drafted with people going to the airport to do damage or carry out a theft etc in mind. A good solicitor would have a very good chance of winning a civil suit against you. As far as i know there is a Garda Station in the airport and these are the people who are named on the warrant to carry out the arrest.

You have to remember that you are not a real policeman. You are an 'authorised officer' under the aviation act. Similar to 'auhorised officers' of the Fisherys Board, Financial regulator, Dept. of agriculture, Waterways Ireland, Betting Division (who have similar powers to customs), Environmenytal/Food safety officers, Data Protection Officers etc.

I am in no way knocking your job but if you wanted to be a policeman you should have joined the garda or psni.

As a solicitor i am worried that you have been told that you have the power to detain somebody in relation to warrants.

Also can you tell me the law that you mention relating to aircraft manifests.

Alpha Papa

airfield wrote: »

I think you are the same person who was barred from the emergencyservicesforum for giving false information, and you were not allowed to become a full member as the airport police are not regarded as an emergency service.

With regard to bench warrants. AP have no power to arrest for a bench warrant, also you could leave yourself wide open to a civil suit if you detained anybody for this purpose. Sec. 33 states:

(v) whom he knows not to have, or whom he reasonably suspects of not having, a lawful reason for being on the aerodrome.

This law was drafted with people going to the airport to do damage or carry out a theft etc in mind. A good solicitor would have a very good chance of winning a civil suit against you. As far as i know there is a Garda Station in the airport and these are the people who are named on the warrant to carry out the arrest.

You have to remember that you are not a real policeman. You are an 'authorised officer' under the aviation act. Similar to 'auhorised officers' of the Fisherys Board, Financial regulator, Dept. of agriculture, Waterways Ireland, Betting Division (who have similar powers to customs), Environmenytal/Food safety officers, Data Protection Officers etc.

I am in no way knocking your job but if you wanted to be a policeman you should have joined the garda or psni.

As a solicitor i am worried that you have been told that you have the power to detain somebody in relation to warrants.

Also can you tell me the law that you mention relating to aircraft manifests.

I stand by any post or comments i have ever made.

Before you i respond fully to the above comment, i was want to ask are you the previous one post wonder dd89? As word for word some of the above post is the same as what was posted by him before on this thread

http://www.boards.ie/vbulletin/showthread.php?t=2056009103&page=3

(Post 36)

dd89 wrote: »

None of this is meant to critisise or demean airport police or security or gardai etc. I worked in Dublin Airport for a few years and am now working in a UK airport.

I disagree with you Alpha Papa. I have read all the air navigation acts etc and nowhere are ap mentioned in relation to the giving of powers under these acts.The powers are given to Authorised Officers. Nowhere could i find the words Airport Police in these sections. Somewhere along the line the name airport police was taken. The fisheries officers have powers in law same as you but you do not find them saying they are police. They are Fisheries Officers. There should be a standard name for people given powers as authorised officers under these acts to prevent confusion. Ap should be called 'Airport Officers'.

None of this is meant to demean the airport police. They do a good and necessary job. My point is that they are not a 'police' force and should have their name changed to 'Airport Officers' to standardise persons who are given powers as 'authorised officers' under different acts. I have read posts from oneor two airport police who have stated something similar.

some of his below previous post. Anyone else see similarities? Im no detective but I have a feeling that Airfield and dd89 are both the same. If im right please can you stop trolling and posting one post wonders which are not correct and constantly dragging stuff off topic with fake accounts.

Now back to your your post Airfield.

To avoid any confusion, a member of Airport Police Service is granted powers as a Authorised Officer under Air Navigation & Transport Act 1998 (Amendents) either directly by the Minister of Transport or the company (as stated in legislation so not false info). when you apply for position to join the APS. It is that of Police Officer. That is both the rank and role. If you dont regard them as a Police Officer that's fine that's your opinion. I do and that's mine.

For the final time. I am not a member either of the states airports Police service or the Fire & Rescue service. I am just interested in it.

I am the same person from esf. I did not apply for verification. I was simply discussing it on the forum. The individual who's runs that forum does not regard the members of the Airport Police or Fire & Rescue Service as member of the Emergency Services.

He is entitled to his opinion as its his site and have no problem with that at all. After all it's not a official organsation that runs that site it only a private one so its up to them. Again i have no issue with that and respect there opinions and rules.

Airfield, is it unlawful to evade arrest by the Gardai if you are wanted on warrant? In my opinion it is.

The member of the Airport Police Service is the Authorised Officer under law he/she is the person who has to be satisfied for what lawful purpose a person has to be on a airport. They are well trained and aware of what this is.

If you are on a airport trying to leave the country and evade arrest is that not an unlawful purpose to be on a airport?

I supplied an news article where a person came to Airport Police attention who was wanted on Military warrant by Defence Forces. who you think supplied this information? any guesses?

It led to him being passed over to MPs as he wanted by them. The same has happened many many times with the Gardai. There power are there for that reason. Have they ever been sued before, no is the answer.

The person arrested is clearly giving the middle finger up to Irish justice system and Gardai by trying to evade the warrant and capture etc..

Once there wanted they can be arrested and detained before being handed over to Gardai who are looking for them. I think its quite clear.

who do you think give the Airport Police this info on whether there wanted? any guesses?

In answer to your question about Aircraft manifest and what law the APS have to demand it. Its below.

Section 49 of the Air Navigation & Transport (Amendment) Act 1998

Power to enter and inspect aircraft.

49.—(1) An authorised officer may enter an aircraft which is
within an airport where he or she considers it necessary for the pur-
pose of exercising any power conferred on him or her by or under
this Act or the Act of 1988.
(2) Subsection (1) is without prejudice to section 40 (3).
(3) An authorised officer may—
(a) at any time require the operator or registered owner of the
aircraft to produce for inspection by him or her such
documents relating to the aircraft or passengers or goods
on board the aircraft as he or she may require; or
(b) inspect the aircraft for the purpose of ensuring compliance
with this Act or bye-laws made under this Act.
(4) If the operator or registered owner of the aircraft refuses or
fails to comply with a requirement of an authorised officer under
subsection (3) that person shall be guilty of an offence.

airfield

No, i did not post before. Also I see that you accused dd whatever of being a poster called 'metman'. It seems to be a common theme!

Thanks for the info on manifests.

Michael O' Leary and Noel Dempsey were on primetime the other night stating DAA is a semi-state, independent body without funding from the government.

There are nemerous other misleading statements in your posts. I am going to leave it at that.

Alpha Papa

The reason ive made such accusations is because a very common theme in your posts and the previous one post DD89.

The DAA isnt totally independent I think your mixing it up with CAR (Commision for aviation regulation). The DAA dont receive state funding as they give the Goverment back money each year. DAA is fully state owned.


Back on topic, your welcome about info on Airport Police Service role in relations to Manifest and warrants.

(Just to confirm before someone says im giving false info. I am not saying Airport Police can execute warrants. They can arrest a person who is wanted on one by Gardai etc.. Thats all.) Thats why we have Gardai

Eru

Only Gardai can execute bench warrants. Even prison officers cannot when a person receives a warrant but is in fact serving a sentence.

Again your understanding of the air navigation act is very very wrong. Sorry but it is and again I remind you, reading and quoting an Act is not the same as understanding the law within said act.

Your comment above about having a reasonable excuse for being in the airport, well catching a plane or getting off a plane having arrived into the airport seems like a bloody good reason to me however check that information again, airport police cannot arrest someone simple for hanging around arrivals. THey can ask them to leave but they cannot simple arrest straight off the bat.

Further to this, Airport police have no powers of arrest in a public place beyond what every single person in the country has ie citizens arrest for want of a better name. They do not respond to 999 calls, dont recieve 999 calls, dont investigate or prosecute cases and MUST, I repeat MUST hand over all persons being detained to members of An Garda Siochana who will investigate and prosecute as needed.

They have no exemption from Offensive weapons Act or indeed the Road Traffic Act (s) and are not named in any criminal justice Acts. They cant even sign your passport application for gods sake!

Airport police cannot detain someone merely for attempting to dodge the Gardai either unless on top of trying to flee the airport police have also seen the crime being commited and its an arrestable offence which then lead to a power of detention under citizens arrest powers which my grandmother also has.

You do far more harm to the airport police than good with these posts as you force people to expose the airport polices lack of powers whereas in general most Gardai tend to try to be respectful towards them when answering these questions.

spurs2010

Any Garda may arrest a person whom they no has an outstanding bench warrant.


You should look at section 13 of the Criminal Justice Act 1994 or talk with a Court Solicitor