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Correct Procedure for Taking Garda Statements

  • 10-05-2016 12:12pm
    #1
    horsebox7
    Registered Users, Registered Users 2 Posts: 452 ✭✭


    Hi,

    Just wondering if anyone knows what the correct procedure for Garda to adhere to when taking witness statements is?

    Are they allowed to influence what you say? If there is something you don't want to say and they insist can they do this legally?


Comments

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


    a statement is your own account of what happened. They can't force you to add something you did not witness. At the same time deliberately leaving out something you did witness can be considered an offence. In addition, some statements have to cover some information that you may not volunteer unless asked. For example, if you are making a complaint about a robbery you have to either be subject to force or put in fear of being subject to force. This is a vital ingredient in the offence and if your statement doesn't cover it then it's pretty useless.


  • #3
    hullaballoo
    Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,781 Admin ✭✭✭✭✭hullaballoo


    It can be quite formulaic at times because of the need to tick certain boxes like having to say that the phone the junkie robbed from you was indeed your property and that you did not consent to it being taken.

    It's just to ensure all of the elements of the offence are covered.


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