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Criminal Damage Issue

  • 02-01-2013 3:04am
    #1
    Happy Monday
    Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭


    My car was damaged recently by persons unknown.

    Damage to tyres in the main.

    If I suspected someone of doing this would the Gardai detain this guy for questioning?

    Or can they in law based only on my say so?


Comments

  • #2
    Victor
    Registered Users, Registered Users 2 Posts: 78,576 ✭✭✭✭Victor


    You would have to be rather convincing for them to arrest first.

    They would certainly seek his side of the story.


  • #3
    Happy Monday
    Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭Happy Monday


    Victor wrote: »
    You would have to be rather convincing for them to arrest first.

    They would certainly seek his side of the story.

    I'd imagine they would do very little without evidence.


  • #4
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    Can you arrest someone to question them for Criminal Damage?


  • #5
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    Procrastastudy wrote: »
    Can you arrest someone to question them for Criminal Damage?

    It's an arrestable offence so yes you can detain someone for section 2, criminal damage.


  • #6
    Procrastastudy
    Closed Accounts Posts: 6,224 ✭✭✭Procrastastudy


    source wrote: »
    It's an arrestable offence so yes you can detain someone for section 2, criminal damage.

    Doesn't that just mean you can arrest them if you have proof they did it, rather than arresting them to question them? Sorry I'm a bit confused about this distinction - I though there were only very few acts which allowed for someone to be detained/arrested for questioning.

    I really should know the answer to this/go and look it up so I am obliged for any info.


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  • #7
    Happy Monday
    Registered Users, Registered Users 2 Posts: 1,216 ✭✭✭Happy Monday


    source wrote: »

    It's an arrestable offence so yes you can detain someone for section 2, criminal damage.

    By only if you have CCTV footage or a reliable witness surely. Without these the Gardai won't move against someone just on the say so of the victim surely?


  • #8
    source
    Registered Users, Registered Users 2 Posts: 5,303 ✭✭✭source


    Procrastastudy wrote: »

    Doesn't that just mean you can arrest them if you have proof they did it, rather than arresting them to question them? Sorry I'm a bit confused about this distinction - I though there were only very few acts which allowed for someone to be detained/arrested for questioning.

    I really should know the answer to this/go and look it up so I am obliged for any info.

    Section 4 detention requires the offence to be an arrestable offence. Posting from phone so can't quote section, do a google for section 4 detention, will answer your question.


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