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Are the police allowed to encourage people to press charges or testify?

  • 07-07-2017 11:36am
    #1
    FireFoxBoy
    Closed Accounts Posts: 63 ✭✭


    Are the police allowed to encourage people to press charges or testify?


Comments

  • #2
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    "Allowed"

    Strange word.

    Arent they doing their job by encouraging people to testify or press charges?


  • #3
    Pat Mustard
    Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    FireFoxBoy wrote: »
    Are the police allowed to encourage people to press charges or testify?

    Sure


  • #4
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Crimes are prosecuted by the state not by private individuals*, so once the guards become aware of a crime they can go as far as compelling the victim/witnesses. Open to correction as always.

    (Although practically speaking I believe it would be very difficult)

    *We don't have the 'Law and Order: SVU' concept of someone not pressing charges.


  • #5
    Lux23
    Registered Users, Registered Users 2 Posts: 7,134 ✭✭✭Lux23


    They can't force you but it is certainly within their remit (duty even) to encourage victims or witnesses to come forward and provide evidence.


  • #6
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #7
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Fred Swanson wrote: »
    This post has been deleted.

    We don't have a refusal to carry out a public prosecution though. While a realise the practical side of things are exactly how you describe it, it doesn't prevent the guards investigating a crime.


  • #8
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,804 ✭✭✭GerardKeating


    Fred Swanson wrote: »
    This post has been deleted.

    I can understand someone having the right not to self-incriminate in a statement, but why would a witness to a crime have the right not to make a statement, even if the "witness" is the victim of the crime.

    If i see a person assaulted in street, do i not have an obligation to give a statement if asked by AGS?


  • #9
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • #10
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    They can't force you to give a statement.

    If, despite your lack of co-operation, they manage to get the evidence they need from other sources and they mount a prosecution, they can summons you as a witness, and compel you to testify at the hearing (though in practice they're very, very unlikely to do that).

    For that matter, the defendant can also summons you as a witness.


  • #11
    Fred Swanson
    Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


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  • #12
    Peregrinus
    Registered Users, Registered Users 2 Posts: 26,984 ✭✭✭✭Peregrinus


    Fred Swanson wrote: »
    This post has been deleted.
    Exactly. Which is why it's rare to summons a witness who has refused to co-operate with an investigation. You mostly can't be sure what he's going to say.


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