Garda statements

partygoer

Could anybody tell me if a garda takes an account of an incident from you along with your details, can he then get you to sign his notebook in the street?

Does this count as a statement or do all statements have to be given in a station?

Reloc8

Yes he can do and yes this is a statement to the gardai, if given under caution, as much as if taken in a garda station.

He can't 'get you' or 'make you' sign anything though. Its up to you what you sign.

partygoer

This happened to a buddy of mine back in 2004 but was never followed up with a summons.
What is it defined as? Is it an adult caution? Will there be a record kept of this for travel , employment , etc.?

partygoer

Also if somebody decides not to press charges against you i.e won't give a witness statement but you were caught by the gardai. What goes on your record then? Can the gardai press charges anyway?

MagicSean

partygoer wrote: »

This happened to a buddy of mine back in 2004 but was never followed up with a summons.
What is it defined as? Is it an adult caution? Will there be a record kept of this for travel , employment , etc.?

It's defined as what you said after caution. It is only used in conjunction with a summons or charge as evidence in the case.

partygoer wrote: »

Also if somebody decides not to press charges against you i.e won't give a witness statement but you were caught by the gardai. What goes on your record then? Can the gardai press charges anyway?

Depends on the crime.

partygoer

Seanbeag1 wrote: »

It's defined as what you said after caution. It is only used in conjunction with a summons or charge as evidence in the case.



Depends on the crime.

Do you not have to receive a written copy of a caution yourself? Also I thought these didn't come into effect until 2006.



Say for example he was caught in the act by gardai in possession of somebody elses property. Also pre 2007 was it not at the garda's discretion whether or not to create a pulse entry?
If one were created it would have had to be approved by the garda's superior so surely would have resulted in a summons?

source

partygoer wrote: »

Do you not have to receive a written copy of a caution yourself? Also I thought these didn't come into effect until 2006.

You're mixing up being cautioned for questioning and being adult cautioned.

Every person who is suspected will be cautioned before asking questions. The member will say "You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence". You have then been formally warned that what you say can be used against you.

An adult caution is a slap on the wrist for an admitted offence, and only applies for a set list of offences.

partygoer

So then what relevance does cautioned for questioning have and does it go on your record even if no summons?

MagicSean

partygoer wrote: »

Do you not have to receive a written copy of a caution yourself? Also I thought these didn't come into effect until 2006.



Say for example he was caught in the act by gardai in possession of somebody elses property. Also pre 2007 was it not at the garda's discretion whether or not to create a pulse entry?
If one were created it would have had to be approved by the garda's superior so surely would have resulted in a summons?

Where have you picked up these snippets of misinformation?

partygoer

Says on the garda website that adult cautions weren't introduced until 2006 & seen something about a justice bill somewhere in 2007 which was bringing in audits for gardai logging in and out of pulse!!

partygoer

So adult cautions were in existence before 2006?
What is the significance of the garda getting you to sign his notebook if no summons is issued?
Will this be on your record?

MagicSean

An adult caution is a formal reprimand administered in place of court proceedings.

It is not to be confused with the caution, which is a warning given to a person that anything they say can be taken down and used as evidence against them. If they then say something the Garda will note it in their notebook. They will then ask the person to sign to confirm that it is what they said.

Neither the adult caution nor the caution are something that will show up on a police certificate of character which is needed for visa applications.

partygoer

Thanks