Garda Reserve.

NUTLEY BOY

Over and above those of an ordinary member of the public - not a commissioned garda - what legal powers do members of AGS reserve have ?

GM228

NUTLEY BOY wrote: »

Over and above those of an ordinary member of the public - not a commissioned garda - what legal powers do members of AGS reserve have ?

Reserve members can have identical powers as full members of AGS, however that can be reduced by the Commissioner, and that is the case, currently they have the following powers:-

https://www.garda.ie/en/Careers/Garda-Reserve/Frequently-Asked-Questions/What-kind-of-law-enforcement-powers-do-I-have-as-a-Garda-Reserve-.html

Powers include the enforcement of the Road Traffic Act and sections of the Criminal Justice (Public Order) Acts and Criminal Law Act. Reserve members may also make a summons application to the Courts for any offence detected in the above Acts.

Note the following from the explanatory note of the Garda Síochána (Reserve Members) Regulations 2006:-

http://www.irishstatutebook.ie/eli/2006/si/413/made/en/print

The Garda Commissioner has also initially determined that the powers of reserve members will be confined to the enforcement of certain aspects of the following Acts:

under the Road Traffic Acts - demanding driving licences and insurance details enforcing the wearing of seat belts etc;

under the Public Order Act - dealing with the offences of intoxication threatening behaviour, disorderly conduct and failure to comply with the direction of a member of An Garda Síochána; and

under the Criminal Justice (Theft and Fraud Offences) Act - dealing with the offences of theft and burglary.

Reserve members will also be given the power of arrest under the Criminal Law Act 1997 , which provides powers of arrest for both members of the Garda Síochána and civilians.

See section 15 of the Garda Síochána Act 2005:-

15.— (1) The Garda Commissioner may, subject to subsection (4) and the regulations, appoint persons as reserve members of the Garda Síochána to assist it in performing its functions.

(2) A person is not eligible to be appointed as a reserve member unless he or she has completed the prescribed training.

(3) Subject to subsection (5), a reserve member has, while on duty, the same powers, immunities, privileges and duties as a person appointed under section 14 to the rank of garda.

(4) The power to appoint persons under subsection (1) may be exercised only if—

(a) the Garda Commissioner has submitted proposals to the Minister for the training of persons to be so appointed, and

(b) regulations have been made concerning their recruitment and training and prescribing the terms and conditions of their position.

(5) The Garda Commissioner may determine the range of powers to be exercised and duties to be carried out by reserve members.

General note, remember if a Reserve member asks for your driving licence, insurance etc don't be a fool by refusing just because they are a reserve member and you think they have no authority to do so, you could land yourself into serious trouble.

RobbieMD

As an aside, at present they have no ability to prosecute in their name, ie Reserve Garda whoever at the suit of the DPP. They require a Garda to initiate the prosecution and they function as a witness.

GM228

RobbieMD wrote: »

As an aside, at present they have no ability to prosecute in their name, ie Reserve Garda whoever at the suit of the DPP. They require a Garda to initiate the prosecution and they function as a witness.

A reserve member can do so (only civilian staff of AGS can't). Where they issue a FCPN and a subsequent prosecution then results they take that prosecution in the name of the DPP.

RobbieMD

GM228 wrote: »

A reserve member can do so, only civilian staff of AGS can't.

I’ve only ever seen reserves prosecute in another Garda’s name. Perhaps this has changed? What appears in the FCPN summons? The reserve members name?

GM228

RobbieMD wrote: »

I’ve only ever seen reserves prosecute in another Garda’s name. Perhaps this has changed? What appears in the FCPN summons? The reserve members name?

Note S8 (2) of the Garda Síochána Act 2005:-

(2) Subject to subsection (3), any member of the Garda Síochána may institute and conduct prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.

In late 2014 they were given the power to issue FCPNs and they prosecute when there is a failure to pay.

RobbieMD

GM228 wrote: »

Note S8 (2) of the Garda Siochana Act 2005:-



In late 2014 they were given the power to issue FCPNs and they prosecute when there is a failure to pay.

Perhaps it’s a PULSE limitation then, as I know a reserve Garda cannot be an investigating Garda on a PULSE incident.

I’ve only ever seen a handful of cases and it was always the case that a full time member initiated the prosecution and the reserve gave their evidence.

I assume their FCPN based summons are in the name of the Superintendent or inspector at the FCPO similar to the GoSafe ones?

GM228

RobbieMD wrote: »

Perhaps it’s a PULSE limitation then, as I know a reserve Garda cannot be an investigating Garda on a PULSE incident.

I’ve only ever seen a handful of cases and it was always the case that a full time member initiated the prosecution and the reserve gave their evidence.

I assume their FCPN based summons are in the name of the Superintendent or inspector at the FCPO similar to the GoSafe ones?

Personally I have not seen one but I am under the impression they issue in their own name.

4ensic15

NUTLEY BOY wrote: »

Over and above those of an ordinary member of the public - not a commissioned garda - what legal powers do members of AGS reserve have ?

Most members of the garda are not commissioned.

thenightman

I've seen a reserve member's name on summonses before alright, must be in a station with decent supervision. I was told not to bother with anything like that by the lazy skipper in station I was sent to when I joined reserves shortly after it was first launched. Sort of attitude that put me off the whole thing in the end, and led to me walking away after 3 years.

Twas interesting all the same though, and met some great lads and lasses through it. Training down in Templemore in particular was brilliant.

NUTLEY BOY

4ensic15 wrote: »

Most members of the garda are not commissioned.

Oops :eek:

Attested ?