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please help, issue with court summons.

  • 28-02-2011 11:11pm
    #1
    rona21
    Closed Accounts Posts: 3 ✭


    I'm just wondering how a garda can prove any of these following offences, (refusing to give name when demanded) and (threatening behavior) act 1994.

    Also if the garda ask a person their name, can said person ask for the reason before giving his/her name?

    And one more addition, if there is a fight after happening surely the garda would consider this a more serious offense than a person refusing to give his/her name?

    Any help would be appreciated.


Comments

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


    They prove it by giving direct evidence to a court. The rest of your questions are matters for your solicitor.


  • #3
    rona21
    Closed Accounts Posts: 3 ✭rona21


    Can you go into more detail about the evidence they would provide?

    I just want to know if i should even bother pleading not-guilty on such a minor offense.

    cheers for the feedback!


  • #4
    Sempai
    Registered Users, Registered Users 2 Posts: 124 ✭✭Sempai


    The offence - Threatening, abusive or insulting behaviour in public place.

    6.—(1) It shall be an offence for any person in a public place to use or engage in any threatening, abusive or insulting words or behaviour with intent to provoke a breach of the peace or being reckless as to whether a breach of the peace may be occasioned.

    (2) A person who is guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £500 (or euro equivalent) or to imprisonment for a term not exceeding 3 months or to both.

    and Garda power:

    Arrest without warrant.

    24.—(1) Where a member of the Garda Síochána finds any person committing an offence under a relevant provision, the member may arrest such person without warrant.

    (2) Where a member of the Garda Síochána is of the opinion that an offence has been committed under a relevant provision, the member may—

    (a) demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence, and

    (b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which the member has reasonable grounds for believing is false or misleading.

    (3) Any person who fails or refuses to give his name and address when demanded by virtue of subsection (2), or gives a name or address when so demanded which is false or misleading, shall be guilty of an offence.

    (4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding £500 or to a term of imprisonment not exceeding 6 months or to both.

    But as k_mac said, consult a solicitor.


This discussion has been closed.
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