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Asbo order

  • 24-09-2010 10:41am
    #1
    ViP3r
    Registered Users, Registered Users 2 Posts: 142 ✭✭


    Hey guys quick question!

    Had a party with the guys from college on wed there and it finished round 11:30. The neighbours asked us to lower the music which we did, and shortly after two Gardai called to the door and verbally told us to keep it down. So we completely turned off the music and left for the local nightclub.

    That's all grand...

    The following night, the neighbours had a party. The elderly neighbours next door got fed up and called the gardai. 3 of them and a paddywaggon showed up.

    Now allegedly, the guys across the road said that the party was in our house! So about 9pm we get a knock on the door, and I answer plate fresh from the wash drying in my hand. "We're here for the party" is the first thing said by them. Myself and my roommates we're completely oblivious and told them there was no party since the previous night. They then issued us a written warning!!!!

    Can anybody point me to the relevant legislation or proceedure on this issue? Can we receive a retrospective written warning on top of the verbal warning we received the previous night?

    Thanks guys!


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    Section 114 Criminal Justice Act 2006.

    http://www.irishstatutebook.ie/2006/en/act/pub/0026/sec0114.html#sec114

    The warning can be given orally but must be provided in writing afterwards. This is what seems to have been done in your case.


  • #3
    ViP3r
    Registered Users, Registered Users 2 Posts: 142 ✭✭ViP3r


    Thanks kmac!


  • #4
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,552 Mod ✭✭✭✭johnnyskeleton


    Just out of curiosity, is there a date on the warning i.e. was it dated the previous day or that day?


  • #5
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    johnnyskeleton wrote: »
    Just out of curiosity, is there a date on the warning i.e. was it dated the previous day or that day?

    It has to state the type of behaviour the person was engaged in but I dont think it requires a certain date of that behaviour because its aimed at ongoing problems.


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,552 Mod ✭✭✭✭johnnyskeleton


    k_mac wrote: »
    It has to state the type of behaviour the person was engaged in but I dont think it requires a certain date of that behaviour because its aimed at ongoing problems.

    If it was an order under the CJA 2006 it may have to have the date:
    Section 114(3)(a) wrote:
    include a statement that the person has behaved in an anti-social manner and indicate what that behaviour is and when and where it took place,

    If it didn't state a time and place, i.e. if it just said "is having noisey parties" then I would imagine that it would be very difficult to prosecute one.

    That said, I wonder how common it is for these to be prosecuted. I suspect that it is just another good idea at government level but is a complete waste of time at garda level (what with all those wide public order powers and all).


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