Police reports?

summereire

Hi, do the Gardai give written police reports on the findings of investigations for criminal offences reported that lead to either resolution or no conclusions? Is it at the discretion of that Garda investigating or is there any policy on this? Thanks

Fred Swanson

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summereire

Can the person who filed the report get a police report of the state or conclusion of the case?

Fred Swanson

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summereire

Thanks. I ask because I'm wondering about how information gained during a criminal investigation can be used in a civil case.

TopTec

summereire wrote: »

Thanks. I ask because I'm wondering about how information gained during a criminal investigation can be used in a civil case.

Evidence from a criminal investigation can be used in a civil case. The difficulty you would face is in obtaining that evidence from the agency that has it. That would be a matter for a solicitor, through the courts, to get the necessary orders to have it released.

Intelligence/comment/Guarda reports/ancillary information are a more difficult area as it will have to be subjected to pretty rigorous scrutiny before it goes anywhere near the public arena. I have seen statements provided to civil courts that are so redacted they were virtually blank and were of no evidential value.

There are solicitors who will have experience of this aspect of a case.

TT

summereire

Thanks. This is in relation to a relatively minor matter of theft- but the problem is despite being clear on the circumstances the Gardai are reluctant to do anything due to resource issues. What I'd like is a simple statement from the Gardai of their investigation and what they learnt so that we could then seek to resolve it ourselves. Is that type of statement (a) something they are required to give (b) something that they can give at their discretion or (c) something that realistically is not going to happen do you think? And in the case of (b) who would be the point of contact for requesting it?

TopTec

Much as I want to comment on the points you ask about I really think you need some advice from a solicitor who knows his way around the Guarda regulations that concerns their duties to the public and their responsibilities to investigate criminal matters.

There is clearly a story here that is not for public consumption but without knowing that story it is impossible to point you in the right direction.

If it is a minor theft matter is it really worth pursuing through to the civil courts? There will be costs that only a solicitor can advise you on.

A meeting with a solicitor is the best way to make your mind up.

TT

summereire

Thanks. Yes I'm going to do that, just trying to understand the general principles. Are there any charters or outlines as to what obligation the Gardai have to investigate a crime and take relevant action? Can they just leave it?

TopTec

Information here...

http://www.citizensinformation.ie/en/justice/victims_of_crime/victims_and_the_garda_siochana.html

Personally I would write to the local Superintendent in the first instance.

TT

NUTLEY BOY

Not legal advice - just some observations on the general issues.

Ultimately, as pointed out above, it is for the D.P.P. to decide if there is to be a prosecution and, if so, on what charges.

It is a bit hard sometimes for people to understand why something is not prosecuted. The prosecution has to establish it's case beyond reasonable doubt. If the evidence available from the Garda investigations looks unlikely to reach the required standard of proof there is no point in prosecuting.

Additionally, the D.P.P.'s office will take a view of the available evidence as a whole and consider if there is a reasonable prospect of securing a conviction. If not, a prosecution is unlikely.

Sometimes the civil and criminal aspects of a particular matter might overlap in relation to the factual issues. In that case I would expect that Garda evidence might be used in a civil case provided that there are no outstanding enquiries to be followed up (as they could lead to a prosecution) or that there is no criminal prosecution pending or that there is no other reason why it would it would be detrimental or dangerous to disclose.

Even then, extracting the relevant evidence from Gardaí could be a problem if the request conflicts with their regulations in relation to disclosure of materials on a voluntary basis. That said, OP's solicitor will know what to do in attempting to secure such evidence by means of an order for discovery where Gardaí are not going to grant disclosure voluntarily and the use of witness subpoenas.

On the overall point of disclosure take the general default position to be that Gardaí do not reveal or disclose or report evidence voluntarily and that it is not available as of right.

summereire

Thanks, that's a good summary.

Samuel T. Cogley

You can forward the case yourself as a common informant (IIRC) but costs could be prohibitive. The issue with a civil case is you can't get blood out of a stone.

Fred Swanson

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summereire

Do you mean it's possible to take a criminal case yourself other than via the DPP? Is this done in a similar way to a civil case, via solicitor and barrister?

It's less about money- though there is loss- and more about an injunction to pragmatically stop ongoing theft and vandalism by someone (with significant resources) but with an ideological grudge. Seeking legal advice currently but there are many different opinions so like to explore the options.

Samuel T. Cogley wrote: »

You can forward the case yourself as a common informant (IIRC) but costs could be prohibitive. The issue with a civil case is you can't get blood out of a stone.

Samuel T. Cogley

summereire wrote: »

Do you mean it's possible to take a criminal case yourself other than via the DPP? Is this done in a similar way to a civil case, via solicitor and barrister?

It's less about money- though there is loss- and more about an injunction to pragmatically stop ongoing theft and vandalism by someone (with significant resources) but with an ideological grudge. Seeking legal advice currently but there are many different opinions so like to explore the options.

You bypass the DPP. I'm not entirely sure how it works, just aware of it's existence. In the type of case you describe a civil case with your own gathered evidence would be a better solution.

Fred Swanson

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