Do the police have an obligation

JoeyPeeps

to tell you if your right to privacy has been violated?

vicwatson

Might be better trying a non Irish forum for that question

JoeyPeeps

why?

punisher5112

JoeyPeeps wrote: »

why?

Garda....

GM228

JoeyPeeps wrote: »

Do the police have an obligation to tell you if your right to privacy has been violated?

No.

Gardaí don't decide if rights have been breached or not, courts do.

NUTLEY BOY

JoeyPeeps wrote: »

to tell you if your right to privacy has been violated?

I assume that you are talking about AGS.

They have no function in advising you on the law or in making any quasi-judicial pronouncements on any issue. This is to be distinguished from forming an opinion in certain situations. They are investigators and collectors of evidence.

Sometimes, AGS might be the ones violating your privacy during the course of their work. They are unlikely to advise you if they are the ones who have breached your privacy rights and it has a bearing on the way they have acted in collecting evidence. That issue can form the substance of deep arguments relating to the exclusion of evidence.

Indricotherium

Is there a general obligation on ags to inform a person they are the victim of a crime if they are unaware of It?

For example; if in the course of an investigation into smuggling/forgery it became apparent that a third party had unwittingly bought something counterfeit.

Let's assume something of relatively high value like jewellery / watch.

Really Interested

Indricotherium wrote: »

Is there a general obligation on ags to inform a person they are the victim of a crime if they are unaware of It?

For example; if in the course of an investigation into smuggling/forgery it became apparent that a third party had unwittingly bought something counterfeit.

Let's assume something of relatively high value like jewellery / watch.

In your example the person would be informed and the forged item taken as evidence, the third party would also be required to give a statement.

Nekarsulm

Indricotherium wrote: »

Is there a general obligation on ags to inform a person they are the victim of a crime if they are unaware of It?

For example; if in the course of an investigation into smuggling/forgery it became apparent that a third party had unwittingly bought something counterfeit.

Let's assume something of relatively high value like jewellery / watch.

If the Gardai discover you possess something smuggled, stolen etc as part of an investigation, they will inform you at the same time as they seize the item in question.
You might find yourself in a small room explaining why you shouldn't be charged with evading duty, or receiving stolen goods.

So, what have you bought and what makes you think its "hot"?

slovakchick

punisher5112 wrote: »

Garda....

could have been Airport Police!

Fred Swanson

This post has been deleted.

Really Interested

Fred Swanson wrote: »

There is no requirement on anyone to give a statement.

I should have said as they may have evidence of a crime they may be asked to give a statement.

punisher5112

Fred Swanson wrote: »

There is no requirement on anyone to give a statement.

Yes there is if you are a witness or even a defendant they can actually arrest and force one to do so even if one were to ansewe no comments.

RustyNut

punisher5112 wrote: »

Yes there is if you are a witness or even a defendant they can actually arrest and force one to do so even if one were to ansewe no comments.

How can they force one to make a statement? what would the penalty be for point blank refusing.

Fred Swanson

This post has been deleted.

ohnonotgmail

punisher5112 wrote: »

Yes there is if you are a witness or even a defendant they can actually arrest and force one to do so even if one were to ansewe no comments.

from where does this power of arrest arise?

GM228

punisher5112 wrote: »

Yes there is if you are a witness or even a defendant they can actually arrest and force one to do so even if one were to ansewe no comments.

You can't be compelled to make a statement (bar some statutory exemptions on the accused - S15 of the Criminal Justice Act 1984 for example) as the right to silence is a constitutional right (subject to public order and morality).