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Statement to Gardai

  • 05-09-2011 9:01pm
    #1
    Closed Accounts Posts: 572 ✭✭✭


    If a person makes a statement to the gardai - is it true that they are not entitled to a copy of their own statement.

    I would really appreciate your opinion.


Comments

  • Registered Users, Registered Users 2 Posts: 25,626 ✭✭✭✭coylemj


    Have you already made the statement? If so, what were the circumstances - were you considered a witness or a suspect when they took the statement?


  • Closed Accounts Posts: 572 ✭✭✭golden virginia


    i made a complaint to gardai about a persons actions. Was interviewed at station. The garda wrote it all down, read it back to me and i signed it.


  • Closed Accounts Posts: 4,725 ✭✭✭charlemont


    Your solicitor can get a copy, You are entitled to withdraw same statement too.


  • Registered Users, Registered Users 2 Posts: 477 ✭✭plasteritup


    honestly dont know legally speaking,but i would imagine u are entitled to a copy as its your statement.


  • Registered Users, Registered Users 2 Posts: 376 ✭✭mcgarrett


    Have you asked for a copy?


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  • Closed Accounts Posts: 572 ✭✭✭golden virginia


    Thanks eveyone, i have asked for a copy.
    I made my statement in last year.
    I don't want to withdraw it.
    i rang station and was told to write. i did that . the response

    " Unfortunately, statements generated during the course of a criminal investigation are considered confidential and therefore cannot be disclosed." :eek:


  • Closed Accounts Posts: 354 ✭✭MapForJ


    Could a person write their own statement and bring it in?


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    That sounds more like a statutory declaration to me. Which is a form of statement I suppose.

    OP everything in the statement is from your own head so it would be far easier to just start writing down what you said to the Garda.

    I don't know of any law that requires you get a copy. In most cases if you ask for a copy on the day it would be given as its not like the information on it is not known to you.

    I don't know why some time after the fact someone would want a statement. Well I have an idea but that will just cause grief.


  • Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    charlemont wrote: »
    Your solicitor can get a copy, You are entitled to withdraw same statement too.

    No, they cannot.


  • Registered Users, Registered Users 2 Posts: 444 ✭✭detective


    MapForJ wrote: »
    Could a person write their own statement and bring it in?

    Yes. But the police may have more questions.


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  • Closed Accounts Posts: 354 ✭✭MapForJ


    detective wrote: »
    Yes. But the police may have more questions.
    could you provide written answers? then you would know exactly what you had said and that the garda did not make a mstake. reading back and signing in the station you could miss a small error a garda made and you would have signed it


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    You can spend as long as you want reading it. Just be sure its correct.


  • Closed Accounts Posts: 2,129 ✭✭✭R P McMurphy


    Do they still write out the statements by hand? I had to give one once and I could not read it back so could not sign it there and then. I had to return at a later date to sign a typed version, he was not impressed


  • Closed Accounts Posts: 354 ✭✭MapForJ


    Zambia wrote: »
    You can spend as long as you want reading it. Just be sure its correct.
    i think one is under pressure in a station and not good time to be checking facts. After all the garda has plenty of time to go through it after it is signed


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


    You can request a copy of your statement once criminal proceedings are complete. It won't be given before hand.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    MapForJ wrote: »
    i think one is under pressure in a station and not good time to be checking facts. After all the garda has plenty of time to go through it after it is signed
    How complex a statement have you been giving lately?

    How much time would you need ?


  • Closed Accounts Posts: 572 ✭✭✭golden virginia


    Thanks all for your help.

    As far as i know there are no criminal proceedings. I simply want a copy of the statement that I made, I was told I could have a copy if i request in writing. I did this and was refused. It seems strange to me. i would like to get a copy.


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


    Thanks all for your help.

    As far as i know there are no criminal proceedings. I simply want a copy of the statement that I made, I was told I could have a copy if i request in writing. I did this and was refused. It seems strange to me. i would like to get a copy.

    You will most likely need a reason.


  • Closed Accounts Posts: 572 ✭✭✭golden virginia


    I have a reason. its the statement I need.


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


    I have a reason. its the statement I need.

    I've only ever seen them released for the purpose of civil cases.


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  • Closed Accounts Posts: 572 ✭✭✭golden virginia


    No its not a civil case.

    The gardai didnt go to the perpetrator with my statement but went instead to the manager of the institution where the incident occurred.

    So I am being called to defend myself against this manager, who wasn't even there when the incident occured. The manager is making false allegations about what was in the statement, and trying to fire me over it.

    When I get over defending myself from the manager, I suppose I could take a civil case because the perpetrator went on and did more to me over a period of time. I didn't go back to the gardai about these incidents because I didn't want them running back to the manager again.

    I dont want to take a civil case but If I tell the gardai that i want to take a civil case will they give the statement to me then.


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    Explain that to the Gardai. If the incident that you made a statement over is under workplace investigation I believe that they should give you a copy of your statement.

    They won't give you a copy just because but if you have a reason like a civil case or a workplace disciplinary hearing they should give it to you.


  • Closed Accounts Posts: 572 ✭✭✭golden virginia


    Thanks Ciaran for that information. Actually, the gardai do know this already. The problem is they told me I could have a copy and then refused to give it to me. Its all very strange, but thanks for your help.


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