Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Do you have to obey a guard.

  • 02-03-2011 2:21pm
    #1
    Des Carter
    Registered Users, Registered Users 2 Posts: 720 ✭✭✭


    I am just wondering, Do you have to obey a guard if you are not breaking the law.

    For instance if they ask you for your name and address do you have to give it to them (if you have done nothing wrong) or if they ask you to move from an area can you decline (again if your not doing anything wrong).


Comments

  • #2
    the_syco
    Registered Users, Registered Users 2 Posts: 37,316 ✭✭✭✭the_syco


    Des Carter wrote: »
    For instance if they ask you for your name and address do you have to give it to them (if you have done nothing wrong) or if they ask you to move from an area can you decline (again if your not doing anything wrong).
    A question with your question: if you decline to move from an area where a crime has been committed, can the Garda then arrest you on suspicion of taking part in said crime?


  • #3
    Mint Sauce
    Registered Users, Registered Users 2 Posts: 29,293 ✭✭✭✭Mint Sauce


    Would it be easier to go along with what they ask and save any hassel for your self.


  • #4
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    I see it's time again for the bi-monthly " Can a Guard ask your name" thread.


  • #5
    HooterSnout
    Closed Accounts Posts: 152 ✭✭HooterSnout


    foinse wrote: »
    I see it's time again for the bi-monthly " Can a Guard ask your name" thread.

    Of course they can ask, but do you need to answer? :rolleyes:


  • #6
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    No you don't have to do anything a guard says. However if a Garda demands your name under any power or directs you to leave an area under the public order act you can be arrested and prosecuted if you fail to comply. You should both look up the public order act and read it.


  • Advertisement
  • #7
    Contra Proferentem
    Closed Accounts Posts: 135 ✭✭Contra Proferentem


    Absolutely not. There is no obligation on you to comply with the instructions of a Garda or, in fact, with any legislation.

    That's why we have Courts, Solicitors, and Prisons.

    On a serious note, if your required under the Public Order Act, then yes there are certain instructions which you are legally obliged to follow such as:
    • Moving if a Guard believes you to be loitering or intimidating people;
    • Providing your name and address if asked and a power under the Act is invoked; if you give one which a Garda believes the be false, you can be arrested without warrant, basically for the purposes of confirming your identity.

    In fact, if you want to have a reasonable idea of the powers a Garda can invoke you should read this PDF document: http://www.iccl.ie/attachments/download/110/ICCL_KYR_Justice_PrintFriendly_BlackWhite.pdf

    Otherwise consult a Solicitor, or read the Acts yourself but be careful in your interpretation of them.


Advertisement