Gardaí question

TomasOMeachair · 16-07-2011 2:38am #1

Got picked up by the Gardaí the other night for pissing in a corner just off a main street. I'm obviously aware of my wrong-doing, but was wondering the extent to which I was prosecuted (I was pretty intoxicated at the time). I gave a nickname as my name instead of my given name and got taken away in cuffs to the local station when it became clear that that wasn't me given name (it was just instinct, really, not any calculated deception). I was asked a few basic questions about my personal details and was eventually released after a quick body search and the signing of some sheet (I can't remember what for). This was my first ever run-in with the Gardaí and I was clearly apologetic about the whole thing from the start, and the seemed to understand. To what extent was I prosecuted, and what possible consequences could result from this (I was told I'd be contacted by a supervisor for a "slap on the wrist" in a month or so)?

source · 16-07-2011 7:36am

TomasOMeachair wrote: »

Got picked up by the GardaÃ* the other night for pissing in a corner just off a main street. I'm obviously aware of my wrong-doing, but was wondering the extent to which I was prosecuted (I was pretty intoxicated at the time). I gave a nickname as my name instead of my given name and got taken away in cuffs to the local station when it became clear that that wasn't me given name (it was just instinct, really, not any calculated deception). I was asked a few basic questions about my personal details and was eventually released after a quick body search and the signing of some sheet (I can't remember what for). This was my first ever run-in with the GardaÃ* and I was clearly apologetic about the whole thing from the start, and the seemed to understand. To what extent was I prosecuted, and what possible consequences could result from this (I was told I'd be contacted by a supervisor for a "slap on the wrist" in a month or so)?

Sounds like you're getting an adult caution. No criminal record but if you reoffend in the next 3 years these charges will be brought up again.

You'll get a letter in the post for an appointmemt ( usually with an inspector but can be a super) show up on the date, and listen to the officer, don't reoffend and you'll be grand.

Doom · 16-07-2011 7:43am

Go back in and ask to speak to garda that arrested you and apologize, maybe that will stop it going any further

source · 16-07-2011 8:01am

Doom wrote: »

Go back in and ask to speak to garda that arrested you and apologize, maybe that will stop it going any further

It won't, the paperwork is all internal so usually sent on on the night of the arrest.

TomasOMeachair · 16-07-2011 8:13am

Thanks for the responses. I'm planning on going away at the beginning of August, so would it be prudent to go back to the station and inform them of that (lest the letter arrive while I was away, making it look like I was avoiding the appointment)? If it's scheduled to be sent out then, I obviously should speak to them, but I'm not sure what the timeline is for these kinds of things.

source · 16-07-2011 8:16am

TomasOMeachair wrote: »

Thanks for the responses. I'm planning on going away at the beginning of August, so would it be prudent to go back to the station and inform them of that (lest the letter arrive while I was away, making it look like I was avoiding the appointment)? If it's scheduled to be sent out then, I obviously should speak to them, but I'm not sure what the timeline is for these kinds of things.

Probably wouldn't hurt to call and say you won't be around from DATE to DATE, i'm sure they'll be able to accomodate you and work around that.

TomasOMeachair · 16-07-2011 8:18am

Input appreciated.

faolteam · 16-07-2011 10:32am

i gave my name and address it was a good few years ago i got a 100 pound fine and breach of the peace , i did not have any legal reprensation was in brunskwick street i think.

i had to go back to a higher court to get it dismissed cause was going to usa

i offerd money to poor box but he wouldnt take money in his court

angeline · 16-07-2011 12:36pm

Urinating in public - Section 5 of the Public Order Act
Intoxicated in Public -Section 4 of the Public Order Act
Giving a false name - Section 24 of the Public Order Act.

They are the three offences. If you have no previous convictions or adult cautions then you may be considered for the Adult Caution. Giving a nickname is not a good idea. Just a word of advice for the future.

sparkling sea · 16-07-2011 6:21pm

As it stands you have not been charged or found guilty of an offence.

If you want to go to the US - it might be best to keep it that way.

Going to the station may not be the best idea for you, you could ring if you are not sure of what you signed. If you have signed something that may land you in trouble, the chief super is the only person who you need to speak too.

If a summons arrived while you were away a Gardai would have to serve it, if your not in the country they cannot serve it to you.

I have it from the horses mouth, so to speak the paper work in the Garda station is extremely slow to move from one desk to another.

MagicSean · 16-07-2011 6:26pm

sparkling sea wrote: »

As it stands you have not been charged or found guilty of an offence.

If you want to go to the US - it might be best to keep it that way.

Going to the station may not be the best idea for you, you could ring if you are not sure of what you signed. If you have signed something that may land you in trouble, the chief super is the only person who you need to speak too.

If a summons arrived while you were away a Gardai would have to serve it, if your not in the country they cannot serve it to you.

I have it from the horses mouth, so to speak the paper work in the Garda station is extremely slow to move from one desk to another.

What are you talking about?

source · 16-07-2011 6:35pm

sparkling sea wrote: »

As it stands you have not been charged or found guilty of an offence.

If you want to go to the US - it might be best to keep it that way.

Going to the station may not be the best idea for you, you could ring if you are not sure of what you signed. If you have signed something that may land you in trouble, the chief super is the only person who you need to speak too.

If a summons arrived while you were away a Gardai would have to serve it, if your not in the country they cannot serve it to you.

I have it from the horses mouth, so to speak the paper work in the Garda station is extremely slow to move from one desk to another.

Read the op's post, he said he signed a document (adult caution form) and was told he would be contacted by a supervisor about a slap on the wrist (adult caution).

The op is not being prosecuted, has not been charged and will receive no summons. He will get a letter in the post saying to turn up at "X" Garda Station at "Y" time on "Z" date to meet with Inspector/Superintendent Plod to be cautioned.

voter1983 · 16-07-2011 7:29pm

maybe it was a bail bond he signed

source · 16-07-2011 7:32pm

voter1983 wrote: »

maybe it was a bail bond he signed

If it was a bail bond he would have copies of the bond and charge, and nobody would have told him he was meeting with a supervisor for a slap on the wrist.

READ THE OP'S POST!!!!!!!!

It is quite clear from what he says what is happening.

sparkling sea · 17-07-2011 7:37pm

Seanbeag1 wrote: »

What are you talking about?

They make the decision whether to prosecute in respect of most minor
offences, and whether or not to conduct those cases in court.

"The slap on the wrist" what ever that means has not been given, accepted as of yet.

The OP could have signed a return of goods note for all anyone knows.

sparkling sea · 17-07-2011 7:49pm

I dont think the OP did sign an Adult Caution

This is from CIC - If it is decided to administer a caution, the member in charge of the Garda station arranges a suitable time and venue for the administering of the caution by the Superintendent. Once the caution is administered, a copy of the completed Adult Caution Referral Form is given to the offender.

The entire procedure from the detection of the crime to the completion of the administering of the caution is carried out as soon as is possible, that is, in days rather than months.

The OP would have a copy of his caution had he signed one.

Hooch · 17-07-2011 7:51pm

sparkling sea wrote: »

They make the decision whether to prosecute in respect of most minor
offences, and whether or not to conduct those cases in court.

News to me........ (And any Chief that ever reads this!!!)

Hooch · 17-07-2011 7:52pm

sparkling sea wrote: »

The OP would have a copy of his caution had he signed one.

Its quiet clear that the O/P signed for his notice of rights, as per the treatment of persons in custody regulations.

Simples

littlemac1980 · 18-07-2011 1:43pm

sparkling sea wrote: »

As it stands you have not been charged or found guilty of an offence.

If you want to go to the US - it might be best to keep it that way.

Going to the station may not be the best idea for you, you could ring if you are not sure of what you signed. If you have signed something that may land you in trouble, the chief super is the only person who you need to speak too.

If a summons arrived while you were away a Gardai would have to serve it, if your not in the country they cannot serve it to you.

I have it from the horses mouth, so to speak the paper work in the Garda station is extremely slow to move from one desk to another.

Just on an aside point, is it not the case that a summons could be served on a person who wasn't currently in the jurisdiction, by leaving it at their last or most usual place of abode within the state, with a family member etc.?

Bosco boy · 18-07-2011 3:08pm

Contact the Garda and apologise, it's likely he may not have any paper processed and it will do no harm in any event! By the way don't contact the C/super he'll think your a plonker and pass you on to the super who'll pass you on to the Sgt who will refer you to the Garda and at that stage you'll feel like a plonker!

MagicSean · 18-07-2011 9:58pm

sparkling sea wrote: »

I dont think the OP did sign an Adult Caution

This is from CIC - If it is decided to administer a caution, the member in charge of the Garda station arranges a suitable time and venue for the administering of the caution by the Superintendent. Once the caution is administered, a copy of the completed Adult Caution Referral Form is given to the offender.

The entire procedure from the detection of the crime to the completion of the administering of the caution is carried out as soon as is possible, that is, in days rather than months.

The OP would have a copy of his caution had he signed one.

He signs the caution form to agree to be considered for an adult caution. He is not given a copy of the form at this time.

Gardaí question

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