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Rights and Encounters with An Garda Síochána

  • 12-11-2014 8:28pm
    #1
    Miike
    Registered Users, Registered Users 2 Posts: 2,021 ✭✭✭


    Articles like these http://www.indymedia.ie/article/82108 pop up online every single day and people spam them on Facebook and all sorts.

    How true are the statements these articles make? I understand exercising most of the "rights" in this article can be much more trouble than it's worth, I've nothing to hide but I'm curious about the legitimacy etc.


Comments

  • #2
    Little CuChulainn
    Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    Articles about your rights that are spread on Facebook are always misleading at best and more often than not, completely wrong.


  • #3
    Miike
    Registered Users, Registered Users 2 Posts: 2,021 ✭✭✭Miike


    Little CuChulainn wrote: »
    Articles about your rights that are spread on Facebook are always misleading at best and more often than not, completely wrong.

    I couldn't agree more. I'm just curious how people "clued in" can take this article apart. Is it just out-right lies, fabricated from thin air or is it total and utter misinterpretation of the law?


  • #4
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    Possession of a knife is an offence under s.9 of the Firearms and Offensive Weapons Act 1990. If someone is charged with this offence, it will be up to them to prove that one of the defences set out in the legislation should apply. The article does not address this important issue.

    http://www.irishstatutebook.ie/1990/en/act/pub/0012/sec0009.html#sec9


  • #5
    MarkAnthony
    Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    The law is complex, our legal system is a common law one as well as statute and it's hard enough for practicing lawyers to remain current. Also a 5000 word article on the powers of arrest won't do the rounds on Facebook unless I'm plagiarizing it off a mate. These sites, even more reputable ones like citizens advice are trying to render the info in an accessible way.


  • #6
    johnnyskeleton
    Moderators, Entertainment Moderators, Politics Moderators Posts: 14,550 Mod ✭✭✭✭johnnyskeleton


    Miike wrote: »
    I couldn't agree more. I'm just curious how people "clued in" can take this article apart. Is it just out-right lies, fabricated from thin air or is it total and utter misinterpretation of the law?

    Some of it is probably true. Unless the gardai have a power to compel you to give information eg under the public order or offences against the state acts then you are entitled not to give such information. Whether this is a wise course of action is a different question, and most of the time a garda asking your name is not part of some grand conspiracy by corrupt gardai to trick you into waiving your rights.


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