Question about getting a copy of evidence

mystic86

Hi,

I went to the guarda station after being assaulted and they called an ambulance for me. Before I left, for evidence, the guard took a couple of pictures of me on the spot (to see the wounds/blood etc in case it gets to trial).

Am I entitled to a copy of those photo's?

I'd like to have a copy....

bravestar

mystic86 wrote: »

I'd like to have a copy....

for the scrap book?

flazio

No need to be like that, probably for his/her insurance company or solicitor.

Contact your local Garda station and see what they say.

Zambia

flazio wrote: »

No need to be like that, probably for his/her insurance company or solicitor.

Contact your local Garda station and see what they say.

My response to that would be they should take some themselves. No shortage of cameras these days.

mystic86

after medical treatment? hardly the same impact, those photos were taken within 10 minutes of the incident.

does anybody know the actual answer? please

Zambia

mystic86 wrote: »

after medical treatment? hardly the same impact, those photos were taken within 10 minutes of the incident.

does anybody know the actual answer? please

You don't need them mate , let it go. Leave the garda do their job.

mystic86

Zambia wrote: »

You don't need them mate , let it go. Leave the garda do their job.

presumptuous.

Zambia

mystic86 wrote: »

presumptuous.

Ok so what use are they to you?

mystic86

Zambia wrote: »

Ok so what use are they to you?

you either know the answer in the OP or you don't..? Stop being unhelpful and nosey.

Zambia

mystic86 wrote: »

you either know the answer in the OP or you don't..? Stop being unhelpful and nosey.

The answer is quite simple ask the Garda for copies, chances are he/she will draw the same conclusion I did and refuse. So ask away the worst they can say is no. You never know your luck?

bravestar

flazio wrote: »

No need to be like that, probably for his/her insurance company or solicitor.

Contact your local Garda station and see what they say.

If an insurance company or solicitor want them, I'm sure they can write a letter themselves.

mystic86

bravestar wrote: »

If an insurance company or solicitor want them, I'm sure they can write a letter themselves.

Again, it's not really the question I'm asking. Am I personally legally entitled to a copy, does anybody know, please?

FGR

Best advice is to have a solicitor apply for the photos through the district Superintendent. He/She has the final say on whether to release copies of evidence.

Potential-Monke

^^^ What FGR said, because the Garda took them it's evidence, and he cannot furnish you with copies unless it goes to court, or your legal representative and write in and request them. Don't know if they'll be furnished then, but we've been warned against giving out copies of evidence unless through the proper channels.

Zambia

mystic86 wrote: »

Again, it's not really the question I'm asking. Am I personally legally entitled to a copy, does anybody know, please?

No you are not the only one legally entitled to the photos is the defence

macsauce

OP I'm almost sure you would be entitled to them. They are photos of you and therefore this should fall under FOI. 1st action I'd take is write to the garda station. Can't think why you'd need a solicitor. If you are entitled to them you will get them.

Edit: Zambia are you trying to be unhelpful?!

markpb

Write to the station and ask for them but don't bother mentioning FOI - the Gardai are exempt from that (for now).

miju

Your entitled to them and any statements that you made (your not entitled to witness statements etc), thats before it goes to DPP or court.

Process has changed recently apparently. Recently I had to obtain a copies and I had to fill in a form and with a copy of passport send it to central vetting unit in Thurles and they handle it.

bravestar

macsauce wrote: »

OP I'm almost sure you would be entitled to them. They are photos of you and therefore this should fall under FOI. 1st action I'd take is write to the garda station. Can't think why you'd need a solicitor. If you are entitled to them you will get them.

Edit: Zambia are you trying to be unhelpful?!

`

FOI does not take precedence over a criminal investigation.

markpb wrote: »

Write to the station and ask for them but don't bother mentioning FOI - the Gardai are exempt from that (for now).

Wrong. An Garda Siochana is not exempt from FOI requests.

markpb

bravestar wrote: »

Wrong. An Garda Siochana is not exempt from FOI requests.

Someone should tell AGS that: http://www.garda.ie/Controller.aspx?Page=9372&Lang=1

Does the Freedom of Information Act apply to An Garda Siochana?
An Garda Siochana is not a prescribed body under the Freedom of Information Act (Prescribed Bodies) Regulations 2006. In this regard Statutory Instrument No. 297 of 2006 refers. This being the case the provisions of the Freedom of Information Act 1997/2003 do not apply to An Garda Siochana; and, thus, requests under the Freedom of Information Act 1997/2003 cannot be acceded to.

bravestar

markpb wrote: »

Someone should tell AGS that: http://www.garda.ie/Controller.aspx?Page=9372&Lang=1

Because there is a huge difference between requests under the data protection and FOI acts... One relates the government bodies, the other all legal entity's, government or otherwise...

http://www.garda.ie/Controller.aspx?Page=136&Lang=1

4.8 Give a copy of his/her personal data to that individual, on Request


On making an access request any individual, about whom An Garda Síochána keeps personal data, is entitled to:

a copy of the data being kept about him/her,
know the purpose/s for processing his/her data,
know the identity of those to whom the organisation discloses the data,
know the source of the data, unless it is contrary to public interest,
know the logic involved in automated decisions,
a copy of any data held in the form of opinions, except where such opinions were given in confidence.
An Garda Síochána has clear coordinated procedures in place to ensure that all relevant manual files and computers are checked for the data in respect of which the access request is being made.

To make an access request the data subject must:

apply to An Garda Síochána for access to their personal data under section 4 of the Data Protection Acts 1988 and 2003,
give any details which might be needed to help identify him/her and locate all the information you may keep about him/her e.g. previous addresses, dates of incidents etc,
pay the appropriate access fee.
Every individual about whom a data controller keeps personal information has a number of other rights under the Act, in addition to the right of access.

These include the right to have any inaccurate information rectified or erased and the right to complain to the Data Protection Commissioner. In response to an access request An Garda Síochána must:

supply the information to the individual promptly and within 40 days of receiving the request,
provide the information in a form which will be clear to the ordinary person, e.g. any codes must be explained in ordinary language.
Where an access request is being refused, the reasons for the refusal of the request must be clearly outlined to the Data Subject.

Method of Application Requests for personal data should be made in writing on the prescribed form to:

The Garda Central Vetting Unit, Racecourse Road, Thurles, Co Tipperary.

Zambia

macsauce wrote: »

OP I'm almost sure you would be entitled to them. They are photos of you and therefore this should fall under FOI. 1st action I'd take is write to the garda station. Can't think why you'd need a solicitor. If you are entitled to them you will get them.

Edit: Zambia are you trying to be unhelpful?!

Not in the middle of a case is what I am saying.

I see no reason to badger the member with foi requests for copies of statements or pictures If you want a statement write one, if you wanted pictures at the time one can hand the Garda a phone and ask them to take some.

Op it's not nice you or anyone got assaulted but I see no reason for this interference. While that might seem unhelpful that's how I see it.

mystic86

Zambia wrote: »

if you wanted pictures at the time one can hand the Garda a phone and ask them to take some.

hahaha, now I wonder why I didn't think of that eh? was it the blows to the head maybe?

seriously dude...

Zambia

mystic86 wrote: »

hahaha, now I wonder why I didn't think of that eh? was it the blows to the head maybe?

seriously dude...

Well then maybe you should treat it like every other photo oppurtunity you missed.

Potential-Monke

Why do you want them?

mystic86

Zambia wrote: »

Well then maybe you should treat it like every other photo oppurtunity you missed.

you're a lovely guy.

Zambia

mystic86 wrote: »

you're a lovely guy.

Cheers I try, seriously let it go

mystic86

Zambia wrote: »

Cheers I try, seriously let it go

just leave the thread please.

kravmaga

mystic86 wrote: »

Hi,

I went to the guarda station after being assaulted and they called an ambulance for me. Before I left, for evidence, the guard took a couple of pictures of me on the spot (to see the wounds/blood etc in case it gets to trial).

Am I entitled to a copy of those photo's?

I'd like to have a copy....

If there is a criminal investigation , i.e. you have made a complaint of assault to AGS, the OIC, or Investigating Officer will need the photos as exhibits and will need to produce them in court as evidence of your assault, whether common assault , Actual bodily harm or Grevious bodily harm for continuity reasons.

You need to talk to the investigating GARDA, dont see why you as victim need a copy before the case goes to court or not as the case maybe?

Has the GARDA told you they will be prosecuting the case or has the file been sent to the DPP for directions?