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Section 30, Offences Against the State

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  • 07-07-2012 2:18am
    #1
    jawn
    Registered Users Posts: 93 ✭✭


    Can a Garda, in theory arrest you for nothing at all and cite Section 30?

    It states the Garda must suspect you of
    having committed or being about to commit or being or having been concerned in the commission of an offence under any section or sub-section of this Act...

    Could a Garda use this as a means of arrest, as a "suspicion" is in the Garda's peculiar knowledge, and then let you go when there's no weight to the suspicion?


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    #2
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Sure, but that would be challenged.


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    #3
    GerardKeating
    Registered Users Posts: 7,552 ✭✭✭GerardKeating


    jawn wrote: »
    Can a Garda, in theory arrest you for nothing at all and cite Section 30?

    It states the Garda must suspect you of

    Could a Garda use this as a means of arrest, as a "suspicion" is in the Garda's peculiar knowledge, and then let you go when there's no weight to the suspicion?

    Yes, but if they do it too often, the Supreme court would eventually declare that section unconstitutional, they have done it before. This was part of the reason for the referendum on bail laws the other year.


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    #4
    NoQuarter
    Registered Users Posts: 4,632 ✭✭✭NoQuarter


    Isnt there case law that developed what a reasonable suspicion is?


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    #5
    mcgarrett
    Registered Users Posts: 376 ✭✭mcgarrett


    Have a read again, it simply states "suspects".


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