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Obligation to tell Gardaí a persons location

  • 28-07-2013 11:52am
    #1
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭


    This post has been deleted.


Comments

  • #2
    bumper234
    Closed Accounts Posts: 10,250 ✭✭✭✭bumper234


    Fred Swanson wrote: »
    Hypothetical situation.

    Say the Gardaí knock on your door looking for someone you know but obviously does not live there, is there any obligation under law to tell them where the person is?

    Harbouring a fugitive if he is on your premises obstructing the police in the line of duty if you know where he is but don't say. Am not sure on this of course am just using over 40 years of experience watching TV cop shows :D


  • #3
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    bumper234 wrote: »
    Am not sure on this of course am just using over 40 years of experience watching TV cop shows :D

    In which case you'd be better off exercising your right to silence.


  • #4
    Ken.
    Closed Accounts Posts: 12,898 ✭✭✭✭Ken.


    coylemj wrote: »
    In which case you'd be better off exercising your right to silence.
    No point, The CSI guys will take one look at the dirt under his fingernails and they'd know where the person they were looking for was.


  • #5
    coylemj
    Registered Users, Registered Users 2 Posts: 25,650 ✭✭✭✭coylemj


    ken wrote: »
    No point, The CSI guys will take one look at the dirt under his fingernails and they'd know where the person they were looking for was.

    The Mentalist wouldn't even need to do that ;)


  • #6
    Sin City
    Registered Users, Registered Users 2 Posts: 2,375 ✭✭✭Sin City


    ken wrote: »
    No point, The CSI guys will take one look at the dirt under his fingernails and they'd know where the person they were looking for was.
    Investigation underway

    funny-fat-security-csi-walmart-images-photos-pictures-.jpg


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  • #7
    bumper234
    Closed Accounts Posts: 10,250 ✭✭✭✭bumper234


    coylemj wrote: »
    In which case you'd be better off exercising your right to silence.


    NEVER!!!!!!! :D


  • #8
    Frank Lee Midere
    Closed Accounts Posts: 3,780 ✭✭✭Frank Lee Midere


    Fred Swanson wrote: »
    This post has been deleted.

    Yes, its obstruction of justice if you don't.


  • #9
    Carawaystick
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    If you can't see the person, then
    "I'm not sure where X is Guard" is a true statement

    X could have got the hell out of dodge since you last knew for sure where they were.


  • #10
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #11
    IsaacWunder
    Registered Users, Registered Users 2 Posts: 399 ✭✭IsaacWunder


    Under s. 7 of the Criminal Law Act 1997, it is an offence to assist anyone who had committed an arrestable offence, "with intent to impede his apprehension or prosecution" and "without reasonable excuse."

    Thus, simply not telling the guards where someone is wouldn't make you an accessory after the fact, but if you lied to the guards with the intent of covering up the whereabouts of a fugitive/help them escape that would bring you into this category.

    It's important to note that, in addition to the above requirements, it must also be proved that the person either knew or believed the fugitive is guilty before they can be successfully prosecuted under that act.


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