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If I'm brought to court for any reason can I demand to be heard in Irish?

  • 15-04-2012 5:35pm
    #1
    Closed Accounts Posts: 11


    For example, car insurance or tv license, Irish Rail fare.

    If I was brought to court by someone else, could I demand an Irish interpreter if I wanted to be an awkward cùnt ?? :p


Comments

  • Registered Users, Registered Users 2 Posts: 3,208 ✭✭✭Fattes


    I am pretty sure as Irish is the official language of the state you have the right to have any court proceedings conducted as Gailge if you so choose.

    I am not sure that you could demand and interpreter to convert it to English for you if you could not understand the language you had asked for.


  • Closed Accounts Posts: 11 Hitler_is_gas


    Fattes wrote: »
    I am pretty sure as Irish is the official language of the state you have the right to have any court proceedings conducted as Gailge if you so choose.

    I am not sure that you could demand and interpreter to convert it to English for you if you could not understand the language you had asked for.


    That's not what I am saying, if my English-speaking friend took me to court, and refused to speak English, what would happen?


  • Registered Users, Registered Users 2 Posts: 165 ✭✭mayfire


    Yes, as far as I know, you can. You will be awkward cos they will have to get an Irish speaking judge and Guards too. A pal of mine who is a native speaker told me a story years ago and I think that was the outcome?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    The vast majority of judges here can get by on Summary matters through Irish and there are numerous Barristers who could run the case. A couple of practical issues arise that I am aware of but you'd probably get relatively short shrift if it appears you're simply being obstructive.


  • Registered Users, Registered Users 2 Posts: 5,322 ✭✭✭source


    OP if you were to do it, you would want to be sure your own Irish is top notch.

    When I was working as a Garda the best way to sort someone trying to be a (unt by speaking Irish was to jabber away to them in Irish.

    They usually give up when they realise the extent of their Irish is "An bhfuil cead agam dul go di an leithris" and "Seosamh Bloggs is anam dom."


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


    I have seen cases run at all levels in Irish. A solicitor friend of mine ran a JR in the High court in Irish. I know a good few solicitors barristers and judges who are fluent and love a chance to do a case in Irish. But as a previous poster said your Irish better be top notch I know one circuit judge who would see through a bluffer in a few seconds and who will then make sure the level of Irish is very hard to understand unless fluent.

    But remember it is your right in all interaction with the state to do so in Irish, if the official feels his or her level is not up to scratch he she will arrange the fluent speaker for you.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    That's not what I am saying, if my English-speaking friend took me to court, and refused to speak English, what would happen?

    It would be up to him to ask for an interpreter if you used Irish. I have seen cases where the judge used Irish to one side and English to the other. If you wanted an interpreter to translate his evidence from English to Irish you would have to satisfy the court that you couldn't follow the evidence in English. It is provided in the Rules of Court that either of the official languages may be used in court, but a number of cases have restricted the rights of persons who insist on using Irish. There is no right to an Irish speaking jury for example.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Sadly only a small number ask for their cases to be heard in Irish. Altho there is a Gaeltacht in my practice area, I had only one such request in 40+ years. Court services provided a judge fluent in Irish, and all went well.

    As already stated while anybody can ask that their case be held thru Irish, you would be in bother if it turns out you do not have adequate Irish

    In recent times the District Court have heard more cases in Latvian, Polish, Russian etc


  • Registered Users, Registered Users 2 Posts: 78,648 ✭✭✭✭Victor


    Realise that many court cases (including certain prosecutions) could have costs awarded against you.


  • Closed Accounts Posts: 3,677 ✭✭✭deise go deo


    But remember it is your right in all interaction with the state to do so in Irish, if the official feels his or her level is not up to scratch he she will arrange the fluent speaker for you.


    In theory, rarely ever in pratice though, I'v been laughed at more than once when looking to use Irish when dealing with the state.


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  • Closed Accounts Posts: 5,451 ✭✭✭Delancey


    Don't applicants to Kings Inns have to pass a test in Oral Irish ?


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Not any more. They have to attend a course of legal Irish instruction since 2008. There is an Act of the Oireachtas dealing with it.


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


    Sorry forgive my lack of knowledge on this but surely if someone want their case to be heard in Irish all they really mean is they want the matter to be discussed to them in irish.

    So instead of Making the court Irish speaking just get the accused an Irish interpreter that can tell them whats going on. They would need it for any non Irish speaking witnesses anyway.


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Zambia wrote: »
    Sorry forgive my lack of knowledge on this but surely if someone want their case to be heard in Irish all they really mean is they want the matter to be discussed to them in irish.

    So instead of Making the court Irish speaking just get the accused an Irish interpreter that can tell them whats going on. They would need it for any non Irish speaking witnesses anyway.

    The judge is supposed to be able to follow the proceedings in Irish and shouldn't need an interpreter to understand the evidence of the accused.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    source wrote: »
    OP if you were to do it, you would want to be sure your own Irish is top notch.

    When I was working as a Garda the best way to sort someone trying to be a (unt by speaking Irish was to jabber away to them in Irish.

    They usually give up when they realise the extent of their Irish is "An bhfuil cead agam dul go di an leithris" and "Seosamh Bloggs is anam dom."
    Seosamh of the family Bloggs surely?



    NOTE: OP is sitebanned


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


    Was the site banning in Irish? If not he may appeal.


  • Registered Users, Registered Users 2 Posts: 20,397 ✭✭✭✭FreudianSlippers


    Zambia wrote: »
    Was the site banning in Irish? If not he may appeal.
    OOOOOOOH. I just got his username... gas. lulz


  • Registered Users, Registered Users 2 Posts: 254 ✭✭theAwakening


    if the accused elects to have a summary hearing in irish, who provides for and covers the costs of a translator for the prosecution's evidence? would it be up to AGS to internally translate their evidence into irish for the hearing itself?


  • Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    if the accused elects to have a summary hearing in irish, who provides for and covers the costs of a translator for the prosecution's evidence? would it be up to AGS to internally translate their evidence into irish for the hearing itself?


    The AGS would have to translate their statements into Irish at their own expense. The costs of an interpreter in court would have to be borne by the courts service.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Surely if a person demands a prosecution in Irish, (s)he cannot demand an interpreter to translate that Irish into English.

    THe only exception would be someone who speaks Irish only and cannot understand English. I believe there are very few such nowadays


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


    That is a bit silly its a a lot like the tail wagging the dog. If the accused was polish would the police translate all the paperwork to?


  • Registered Users, Registered Users 2 Posts: 5,322 ✭✭✭source


    Zambia wrote: »
    That is a bit silly its a a lot like the tail wagging the dog. If the accused was polish would the police translate all the paperwork to?

    No but then polish isn't an official language of the state.


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    What about a citizen on Jury service, could they demand instruction as Gaeilige?


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    What about a citizen on Jury service, could they demand instruction as Gaeilige?

    No. If they can't follow the proceedings in English they would be excused. If they can, that is simply what they have been called upon to do.


  • Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    nuac wrote: »
    Surely if a person demands a prosecution in Irish, (s)he cannot demand an interpreter to translate that Irish into English.

    THe only exception would be someone who speaks Irish only and cannot understand English. I believe there are very few such nowadays

    If accused cross examines by asking questions in Irish, or gives evidence in Irish it may have to be translated for witnesses. The courts service would have to pay for it. Otherwise it would be an impediment to their right to use Irish in court.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Noted Milk and Honey

    When I was an apprentice in Galway c 1956-61 all the District COurts there were thru Irish. Garda Statements were served in Irish - cannot remember about summonses.

    Solicitors ( or their apprentices ) translated the statements for their clients, and in some cases translated the evidence in Irish for their clients.

    In some cases the District Court Clerk translated the evidence.

    Cannot remember any JRs on it - I dont think they were common at the time - there was a case stated option


  • Closed Accounts Posts: 326 ✭✭redsurfer


    I heard off an older member that a while ago here in dublin a man was arrested for dangerous driving and after the gardas dragged him out of the car the driver started to speck in irish. Just a few words trying to be a smartass. Turned out the arresting member had great irish and the case was all done through irish. when the driver said to the judge that he could not speck irish the judge informed him that ' as you started this in irish we shall finish this in irish'. At the end of the case the smartass only catch on what happened as he was being lead away to to serve some time :D


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Are you sure about that Redsurfer?. Unless there were other factors it is unusual to be arrested for dangerous driving alone


  • Closed Accounts Posts: 326 ✭✭redsurfer


    he drove on the foot path on a main street in dublin through a crowd if i remember right. was told it happened a long time ago do


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