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Making a knowingly false police statement

  • 29-12-2011 4:01am
    #1
    pirelli
    Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭


    Happy Christmas legal forum. Thanks n advance for all your help over the years..
    Is it illegal to make a knowingly false police statement to have someone wrongfully prosecuted. I have read Hanly - Irish criminal law and cannot find any reference to such a law or case work. i do remember an individual making a false statement against a priest who received 6 years imprisonment. Is there a difference between a witness statement that is false and complainant statement that is false. Are they indictable offence's.


Comments

  • #2
    pirelli
    Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    As i am aware there is such an offence but i wonder is there any laws about statements made prior to 2000. Were or are there laws that cover false statements made previously or during that time pre 2000.


    Commissions of Investigation Act 2004
    18.—Any person who, while giving evidence pursuant to this Act, makes a statement material in the investigation concerned that the person knows to be false or does not believe to be true is guilty of an offence.


  • #3
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    http://www.irishstatutebook.ie/1984/en/act/pub/0022/sec0021.html#sec21


  • #4
    Kevin3
    Registered Users, Registered Users 2 Posts: 167 ✭✭Kevin3


    This is what you are looking for:

    http://www.irishstatutebook.ie/1976/en/act/pub/0032/sec0012.html#sec12


  • #5
    pirelli
    Registered Users, Registered Users 2 Posts: 2,876 ✭✭✭pirelli


    Kevin3 wrote: »
    This is what you are looking for:

    http://www.irishstatutebook.ie/1976/en/act/pub/0032/sec0012.html#sec12

    Thanks Kevin... Is there a statute of limitations on this and what would be an indictable offfence and what would be summary offence.


  • #6
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    pirelli wrote: »
    Thanks Kevin... Is there a statute of limitations on this and what would be an indictable offfence and what would be summary offence.

    Summary is a trial without a Jury, usual maxium of 1 year custody and or fine. Indictable offences are more serious and trial is before judge and jury. Some crimes for example drink driving are only summary, some crimes are only indictable example murder. Lots of crimes can be one or the other depending on circumstances. Some the defendant can opt for a jury trial in others the DJ may decide crime is so serious the district court should not hear it.

    In relation to statute of limitations for criminal cases, in short there is none. But in relation to summary proceedings, statutes may set time limits to start proceedings. Petty Sessions Ireland Act 1851 (I think) being the most used, it sets time limit of 6 months to request a summons.


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