Stopped by AGS

greenore

hi i recently visited an escort, all went well, however on my way home...

Blue lights...

Undercover Garda

They asked me where i was coming from and i told them a friends house beside escorts location, he said be straight with me and nothing will come of it...

So i told him the truth and he said he had complaints of a brothel had been made to them. He was just gathering intelligence and what i do with my time and money is my own business, he wanted to know how many was in the house etc...

he said you have my word this is the end of it....

he took my license and recorded all my details, i have heard of Garda saying nothing will come of it and next thing a summons has arrived out...

Have i anything to worry about do you think?

Please no smart answers like i should have got a fiesta instead of an escort

thanks for reading

Pro Hoc Vice

There is no criminal act in visiting a brothel. The only offences are being involved in the management of a brothel or soliciting for sex in public, or living off the earnings of prostitution.

You could be called to give evidence, the report of the case could be interesting as was the following. http://www.irishexaminer.com/ireland/transsexual-appeals-brothel-conviction-228105.html

greenore

ok, thanks for your reply, then why would they have taken my details from my license & asked me for my phone number?

Sala

Sounds like you could be used as witness which is why they took your details.

I would stay away in future.

Pro Hoc Vice

greenore wrote: »

ok, thanks for your reply, then why would they have taken my details from my license & asked me for my phone number?

As I said "You could be called to give evidence" would be difficult to arrange to take a statement if they did not take your details. Also be aware that there are attempts to change the law which if passed will make the purchase of sex a criminal activity. Which will make most relationships illegal lol.

But more than likely it was to frighten you from coming back.

greenore

i am not a resident of ROI, as i live in Northern Ireland
incident took place in ROI

if i was asked to make a statement, would i have to? as i am technically out of their jurisdiction? however i do travel to ROI regularly

thanks for all replies

Turner

You do not have to make a statement, even if arrested you do not have to make any statement.

Inferences can be drawn in some legislation but it doesn't apply to your case.

greenore

so it is all done and dusted and i have nothing to worry about?

NoQuarter

Turner wrote: »

You do not have to make a statement, even if arrested you do not have to make any statement.

Inferences can be drawn in some legislation but it doesn't apply to your case.

You need to take legal advice on this instead of listening to Turner. How could the privilege against self-incrimination be invoked if the evidence or statement the OP is asked to give doesn't incriminate him in any way? If there is no offence relating to what he did then he may well find himself in trouble for not giving evidence on foot of a summons. There may be a specific penalty or there may be a penalty on foot of the non-compliance with the witness summons.

That is, of course, if it is actually a witness summons. The OP hasnt even told us what the summons says which is the most important part.

Holsten

He hasn't been sent a summons.

He just spoke to the Gardai who then took his details.

NoQuarter

greenore wrote: »

i have heard of Garda saying nothing will come of it and next thing a summons has arrived out...

Sorry, his grammar here made me think a summons had arrived out. The above point re self-incrimination stands in general.

Holsten

I would say that the OP was incorrect in giving up any information at all to the Gardai.

I wouldn't expect anything to come from it but for any future sake never say anything.

Pat Mustard

Strikes me that, depending on all of the circumstances, if the OP had solicited a trafficked person, then he could be in trouble.

http://www.irishstatutebook.ie/2008/en/act/pub/0008/sec0005.html

If that is the case, he would want to take legal advice, should matters progress.

NoQuarter

Holsten wrote: »

I would say that the OP was incorrect in giving up any information at all to the Gardai.

I wouldn't expect anything to come from it but for any future sake never say anything.

I agree, if arrested or questioned about something that could be self-incriminating. In relation to being summoned as a witness, it can be different though.

Marcusm

Holsten wrote: »

I would say that the OP was incorrect in giving up any information at all to the Gardai.

I wouldn't expect anything to come from it but for any future sake never say anything.

Any information with respect to his nefarious activities, I agree. However, as he was driving he could be compelled to provide his name and address which could have resulted in a summons later to provide evidence or an embarrassing door stepping to have questions put to him. Sounds as if he probably did the best he could to forestall any future involvement.

Pro Hoc Vice

Marcusm wrote: »

Any information with respect to his nefarious activities, I agree. However, as he was driving he could be compelled to provide his name and address which could have resulted in a summons later to provide evidence or an embarrassing door stepping to have questions put to him. Sounds as if he probably did the best he could to forestall any future involvement.

I think AGS can only demand name and address from a driver if they believe offence has been committed under the road traffic acts. I don't think doing the naughty for money is a specified offence.

Bepolite

Was she/he any good?

Sala

The Mustard wrote: »

Strikes me that, depending on all of the circumstances, if the OP had solicited a trafficked person, then he could be in trouble.

http://www.irishstatutebook.ie/2008/en/act/pub/0008/sec0005.html

If that is the case, he would want to take legal advice, should matters progress.

Or an underage person.

Bepolite

Ridiculous, backwards laws in this country really in relation to this. Sorry to drag this off topic but would it not be a better place all round if the guards could just knock on the door, tell the occupants to cop on, check ID and ask the girls if they were here voluntarily and make sure there was not pimping going on in the place. This cloak and daggers grey area nonsense is just moronic, and set to become even more lucrative and seedy if it's made illegal.

carzony

infosys wrote: »

I think AGS can only demand name and address from a driver if they believe offence has been committed under the road traffic acts.

They take down your details no matter what even if it's a random stop. They also need a reason to stop you if your walking down the street. They don't need a reason if your in a car..

Marcusm

infosys wrote: »

I think AGS can only demand name and address from a driver if they believe offence has been committed under the road traffic acts. I don't think doing the naughty for money is a specified offence.

The OP was driving a foreign registered car and hereby liable for stop and production of ownership cert, insurance cert and driving licence on the spot or else seizure!

the_syco

Two things. Firstly;

greenore wrote: »

They asked me where i was coming from and i told them a friends house beside escorts location, he said be straight with me and nothing will come of it...

So i told him the truth and he said he had complaints of a brothel had been made to them. He was just gathering intelligence and what i do with my time and money is my own business, he wanted to know how many was in the house etc...

Depending on what the OP said to the Gardai, could he have implicated himself? If he admitted to "soliciting or importuning another person in a street or public place for the purpose of prostitution", he may have shot himself in the foot.

Secondly;

Holsten wrote: »

He hasn't been sent a summons.

greenore wrote: »

next thing a summons has arrived out...

Really depends what he meant by him getting a summons, I suppose?

=-=

OP, get onto a solicitor, to ensure that you don't catch anything from this...!

Pro Hoc Vice

Marcusm wrote: »

The OP was driving a foreign registered car and hereby liable for stop and production of ownership cert, insurance cert and driving licence on the spot or else seizure!

But AGS pulled him in relation to a lady of the night, not road traffic. As a resident of NI what offence was the OP committing in driving his car in the Republic.

Pro Hoc Vice

carzony wrote: »

They take down your details no matter what even if it's a random stop. They also need a reason to stop you if your walking down the street. They don't need a reason if your in a car..

Read section 107 of the Road traffic Act 1961 as amended most recently in the 2010 Act. AGS have limited rights to stop and search.

“107.— (1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

carzony

infosys wrote: »

Read section 107 of the Road traffic Act 1961 as amended most recently in the 2010 Act. AGS have limited rights to stop and search.

“107.— (1) Where a member of the Garda Síochána alleges to a person using a mechanically propelled vehicle that the member suspects that such person has committed a specified offence under this Act, the member may demand of such person his or her name and address and date of birth and may, if such person refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading, arrest such person without warrant.

No matter what happens your name will be taken.You don't necessarily have to have commited any offenses. I have went through checkpoints were they have taken everyones name.. I think they like to fill up the ol books

Pro Hoc Vice

carzony wrote: »

No matter what happens your name will be taken.You don't necessarily have to have commited any offenses. I have went through checkpoints were they have taken everyones name.. I think they like to fill up the ol books

I accept, but there is no obligation to give name unless it's under section 107. My answer was in relation to OP giving information that he does not have to give. I also accept that it is often best to give details, but no more especially where a person may have actually committed an offence.

carzony

infosys wrote: »

I accept, but there is no obligation to give name unless it's under section 107. My answer was in relation to OP giving information that he does not have to give. I also accept that it is often best to give details, but no more especially where a person may have actually committed an offence.

I find it mad that they automatically ask for your details when they have no right to. I bet half the guards are so used to taking peoples names they don't even know I can refuse to give them that information lol

Pro Hoc Vice

carzony wrote: »

I find it mad that they automatically ask for your details when they have no right to. I bet half the guards are so used to taking peoples names they don't even know I can refuse to give them that information lol

Any person has the right to ask anything. The issue is you are under no obligation to answer except in certain circumstances.

source

infosys wrote: »

Any person has the right to ask anything. The issue is you are under no obligation to answer except in certain circumstances.

True but if a member of AGS wants to find out who you are when you're driving, they can just ask you to produce your licence for examination, something they can do with any motorist whether an offence has been committed or not.

All drivers must carry their licence when driving, not doing so is an offence, if you don't have it they can demand your details under S107. If you fail, refuse or give false or misleading details, they have the power to arrest and detain you until they can ascertain who you are.

So in the op's situation he really had no choice, they would have gotten his details one way or another.

Pro Hoc Vice

source wrote: »

True but if a member of AGS wants to find out who you are when you're driving, they can just ask you to produce your licence for examination, something they can do with any motorist whether an offence has been committed or not.

All drivers must carry their licence when driving, not doing so is an offence, if you don't have it they can demand your details under S107. If you fail, refuse or give false or misleading details, they have the power to arrest and detain you until they can ascertain who you are.

So in the op's situation he really had no choice, they would have gotten his details one way or another.

I like other posters had no issue with name and address in reality, it was the questions about riding not driving that the main issues arises (pun intended). If I thought I had done something that may be illegal I would be playing it by the book.

Holsten

Exactly, give your driving licence but never admit to a crime.

Hell, never admit to anything, simply remain silent.

234

johnysam wrote: »

please consult a legal attorney they can help you in this situation.

I noticed you made the same mistake on another thread. In Ireland we have a split legal profession and the OP would need to consult a solicitor. Same goes for NI too. (Please don't interpret this as rude, it's just that if you are going to advise people to consult a professional you need to make sure its a professional relevant to that jurisdiction.)