Section 112 Road Traffic Act

Com1186

Please settle an arguement please fellow boards members.....

is Unauthorised Taking Sec 112 an Arrestable offence...

-Snip_

msg11

Sorry, but of what exactly ?

gerire

Com1186 wrote: »

Please settle an arguement please fellow boards members.....

is Unauthorised Taking Sec 112 an Arrestable offence...

Portal/irish statute book online/friendly skipper who's also out drinking

but really boards?

source

I would say it is not as 112 (6) provides a power of arrest. Also the original text of the section doesn't give a maximum/minimum sentence.

Hooch

Sec 112 is not an arrestable offence, but as pointed out, has a power of arrest.

The arrestable offence thereafter is Theft of the vehicle. Yes there is a difference, if you are a member of AGS you should know this??

Turner

Moved to legal discussion.

McCrack

An arrestable offence is one that provide for imprisonment on indictment of 5 years or more. S112 is not an arrestable offence considering the penalty referred to in sub section 2 although a power of arrest is conferred on Gardai in sub section 6.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0112.html#sec112

dermot_sheehan

S. 112(6) RTA gives a power of arrest in any event

s. 3(7) of the RTA 1984 increases the punishment to 5 years imprisonment on indictment

http://www.irishstatutebook.ie/1984/en/act/pub/0016/sec0003.html

so it would be arrestable under s. 4 of the Criminal Law Act 1997, and the provisions regarding s. 4 CJA 1984 detention and search warrants under the s. 10 CJ (Misc provisions) act 1997 (as amended by the CJA 2006) come into play also

Com1186

Section 3(7) of the Road Traffic Act 1984 amends Section 112 to make it an arrestable offence, thank you, now i can show my colleague that it IS an AO.

coylemj

Com1186 wrote: »

Section 3(7) of the Road Traffic Act 1984 amends Section 112 to make it an arrestable offence, thank you, now i can show my colleague that it IS an AO.

The original 1961 act contained a power of arrest for S. 112.....

(6) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0112.html#sec112

Com1186

So is there any difference if JOE BLOGGS is arrested under the Power of arrest using the POA under Sec 112 of the Act or using Section 4 (3) of the Criminal Law Act 1997 ?

both would give a garda the power to request a detention pursuant to section 4 of the Criminal Justice Act 1984 >