Arrested but..

john petersonb · 02-11-2013 6:21pm #1

Last year me and a mate were arrested for attempting to steal a car. we were walking through an estate when the garda pulled up and arrested us. I reckon we were just in the wrong place at the wrong time. I explained this to the garda but they just didn't believe me and we were arrested.

I was brought back to the station, put in a cell for 2 hours and my picture and finger prints were taken. About 10 minutes after he took my picture and prints he told me ''There will be no further charges'' and let me go

What was the point of taking my prints and picture if he knew a prosecution wouldn't happen? and could being arrested affect me later in life if I wanted to join the army or even the gardai?

Thanks Lads...

Finnbar01 · 02-11-2013 7:43pm

I wonder what would have happened if you refused to allow them to take your prints or picture?

Fred Swanson · 02-11-2013 8:13pm

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john petersonb · 02-11-2013 8:44pm

I was just thrown into a room and told 'smile' lol. My arrest would be on pulse i'd imagine? Could I request that be deleted since nothing came from it?

Fred Swanson · 02-11-2013 8:47pm

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john petersonb · 02-11-2013 8:49pm

Could that have a negative affect if applying for gardai or army or even any public sector job mate?

jamesr123 · 03-11-2013 12:41am

As far as I know you can only be ruled out completely if you have a conviction in SOME public sector jobs. I don't think this will affect you that much..

McCrack · 03-11-2013 2:17pm

I was thinking about this earlier and although I haven't looked into it I wonder are there data protection issues re keeping such data indefinitely if given voluntary and no charges brought. If there are exceptions in the Acts I think there would be compelling grounds for challenging it by an individual concerned.

vinnie13 · 06-11-2013 12:31pm

seems a bit harsh they can rip you off the street and try charge you like that,you should seek legal advice.
regarding the picture i cant see how they can keep a record of you been arrested when you had done nothing wrong

john petersonb · 06-11-2013 5:00pm

It happened about a year and a half ago. Me and my mate were only 19 so I suppose they probably thought two youngfellas hanging about must be them:rolleyes:..

I'm suprised they can keep an arrest on file forever even if no charge was brought after it.. I found the whole situation very strange and a bit dramatic to be honest..

Fred Swanson · 06-11-2013 5:09pm

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murrayp4 · 07-11-2013 2:54pm

If you weren't charged or convicted your prints and photos are supposed to be destroyed, the record of arrest will remain on pulse though.

Fred Swanson · 07-11-2013 6:40pm

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murrayp4 · 07-11-2013 11:26pm

Nope- CJA '84:

8.—(1) Every photograph (including a negative), fingerprint and palm print of a person taken in pursuance of the powers conferred by section 6 and every copy and record thereof shall, if not previously destroyed, be destroyed as this section directs.

(2) Where proceedings for an offence to which section 4 applies are not instituted against the person within the period of six months from the date of the taking of the photograph or print and the failure to institute such proceedings within that period is not due to the fact that he has absconded or cannot be found, the destruction shall be carried out on the expiration of that period.

(3) Where proceedings have been so instituted and the person is acquitted or discharged or the proceedings are discontinued, the destruction shall be carried out on the acquittal, discharge or discontinuance.

(4) (a) Where a person is the subject of an order under subsection (1) or (2) of section 1 of the Probation of Offenders Act, 1907, the destruction shall be carried out at the expiration of three years from the making of the order provided that he has not been charged with an offence during that period.

(b) Paragraph (a) shall not apply to an order under section 1 (2) of that Act discharged on the appeal of a person against conviction if on appeal his conviction is affirmed.

(5) The person concerned, his solicitor or some other person authorised by him in writing to act on his behalf shall be entitled, on request, to witness the destruction.

(6) Where civil proceedings are instituted before a particular photograph or print is required to be destroyed under this section and a party to the proceedings serves notice on the Commissioner of the Garda Síochána that it may be required in connection with the proceedings, then, notwithstanding anything in this section, the photograph or print shall be preserved until six months from the conclusion of the proceedings or until the conclusion of any proceedings on appeal, whichever is the later.

(7) Notwithstanding anything in the foregoing provisions of this section, a justice of the District Court may, on the application of the Director of Public Prosecutions, authorise the preservation of a photograph or print for a period not exceeding six months on being satisfied that it may be required for the purpose of further proceedings in relation to the offence.

Fred Swanson · 07-11-2013 11:32pm

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murrayp4 · 08-11-2013 1:43am

I think the main difference in the amendment is that the OP would have to write to the Commissioner that his prints and photos be destroyed. The request could be refused but as the OP was not charged or convicted that's unlikely. (unless I'm missing something, it is late :pac:)

Fred Swanson · 08-11-2013 1:48am

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john petersonb · 08-11-2013 2:16pm

I'm sure if I requested it they would be destroyed though.. I could argue they didnt have my permission really.

As I said I was thrown into a room and had a camera pointed at my face.. I Could argue that I was never arrested and assumed it was their right to take photos. I think that's a vaild argument?

murrayp4 · 08-11-2013 2:19pm

Can't see anything in the act which differentiates between photos/prints taken voluntarily or otherwise (I stand to be corrected though) OP should write the letter if he's concerned about it.

McCrack · 08-11-2013 2:50pm

The Act (49 (8) 1) ....."records taken in pursuance of powers conferred..."

This is distinct from records taken voluntarily and given voluntarily.

kerry4sam · 08-11-2013 5:32pm

Yeah this description does not sound voluntary to me, but not in the slightest bit surprising either though.

Have you contacted the local Superintendent or Chief Superintendent and informed them of this carry on with the details of who-ever the Guards involved actually were? What was their response to this treatment? What have they said to you about having your info deleted?

Thanks,
kerry4sam

john petersonb · 08-11-2013 5:39pm

As I have said 2 young fellas so they would have been fairly confident nothing more would have happened after that. Even if I made a complaint where is my proof that I didn't agree?

I'm sure all they have to say is 'he agreed to have a photo taken' and that'll be that..

kerry4sam · 08-11-2013 5:44pm

I know what you mean. Far far too much faith and trust being put in An Garda Síochána, too much for my liking when you stand up and outline how they are not following the rules!

Put it all in writing, register your letter and send it to the aforementioned on Monday morning. Leave nothing out! and wait for the next step. Doing nothing except talking here won't help you IRL so stand up for yourself and leave nothing out!

Do not just stand back and just accept that kind of treatment.

I am serious here btw, just make sure all is truthful and accurate.
kerry4sam

Fred Swanson · 08-11-2013 8:00pm

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peach_eater · 08-11-2013 8:17pm

I had all the above happen to me two years ago ( prints , pics , even an interview )

it was an attempted stitch up based on a false accusation by someone who has connections high up in AGS , nothing came of it ( I wasn't accused of robbing a car btw ) as I refused to answer a single question bar confirming my name and adress

did you consent to giving prints , if you refuse to give consent , they will still most likely take them but they have to destroy them if no charges are brought , I refused to consent

peach_eater · 08-11-2013 8:18pm

my prints were destroyed six months after I was arrested

Fred Swanson · 08-11-2013 8:27pm

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peach_eater · 08-11-2013 9:06pm

I didn't consent to have prints taken on the advice of my solicitor , the seargent on duty had to secure permission from a super in another station in order to compel me to give them , their was no struggle , not giving consent doesn't mean you have to be dragged kicking and screaming to the prints room

Fred Swanson · 08-11-2013 9:07pm

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peach_eater · 08-11-2013 9:12pm

yes , im just wondering if the OP consented to having his prints taken

john petersonb · 08-11-2013 9:34pm

I wasnt given the option.... I have a feeling those prints and photos were ****ed out as soon as I was released. Just seemed to me that they were happy to have arrested a person lol

I was told there and then no charge would follow the arrest..

john petersonb · 17-12-2013 12:05am

I requested my information from gardai. I got everything including a court date i had, searches that took place and also a crime I reported a few years back

However, There is no record of the arrest on pulse according to the information i was sent. I even asked for ''all personal data available'' Perhaps the guard just arrested me to give me and my mate a fright...

Arrested but..

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