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Question on Gárda powers ?

  • 13-09-2020 8:20pm
    #1
    Bobdn37
    Registered Users, Registered Users 2 Posts: 14 ✭


    If Gárdaí stop you on the street in late night/ early morning and ask you for your details If they suspect you had just commited a crime or you are in a drunk and disorderly state,

    Could you be issued with a summons out of the blue at a later date ?

    Do they even have to tell you that you are in trouble or you are a suspect ?

    I was stopped by Garda a month ago in Dublin and all I remember is they asked me for my name and address.They mite have asked me more but I don't remember,

    I was pretty drunk and I may or may not have just commited a crime on the lesser scale of serious. Like I never hurt anyone hi or stole anything


Comments

  • #2
    mynamejeff
    Banned (with Prison Access) Posts: 3,315 ✭✭✭mynamejeff


    are you sure its a summons ,it came very quick if it is as there is a big log jam right now

    it may be a FCPN ,

    like a parking ticket for drunks


  • #3
    Samuel T. Cogley
    Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    What's Portugal got to do with it?


  • #4
    opfleet
    Closed Accounts Posts: 59 ✭✭opfleet


    Bobdn37 wrote: »
    If Guarda stop you on the street in late night/ early morning and ask you for your details If they suspect you had just commited a crime or you are in a drunk and disorderly state,

    Could you be issued with a summons out of the blue at a later date ?

    Do they even have to tell you that you are in trouble or you are a suspect ?

    I was stopped by Garda a month ago in Dublin and all I remember is they asked me for my name and address.They mite have asked me more but I don't remember,

    I was pretty drunk and I may or may not have just commited a crime on the lesser scale of serious. Like I never hurt anyone hi or stole anything
    Look up section 4 of the Public Order Act 1994. Yes, than can come with a fcn.


  • #5
    Bobdn37
    Registered Users, Registered Users 2 Posts: 14 ✭Bobdn37


    opfleet wrote: »
    Look up section 4 of the Public Order Act 1994. Yes, than can come with a fcn.

    What if I wasn't driving,I was just walking around or stumbling around,

    Could I possibly expect a summons to court at a later date.
    Wouldn't a guard have mentioned any crime to me when they talked to me or do they not care as long as they got your details


  • #6
    mynamejeff
    Banned (with Prison Access) Posts: 3,315 ✭✭✭mynamejeff


    Bobdn37 wrote: »
    What if I wasn't driving,I was just walking around or stumbling around,

    Could I possibly expect a summons to court at a later date.
    Wouldn't a guard have mentioned any crime to me when they talked to me or do they not care as long as they got your details

    you can get a fcpn for section 4 public order , being a drunk nuisance,

    given that you were so drunk that you don't remember much of the interaction that seems to be the case ,

    pay the ticket and move on its not a conviction

    or don't and go to court to fight your case and risk a conviction


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  • #7
    opfleet
    Closed Accounts Posts: 59 ✭✭opfleet


    Bobdn37 wrote: »
    What if I wasn't driving,I was just walking around or stumbling around,

    Could I possibly expect a summons to court at a later date.
    Wouldn't a guard have mentioned any crime to me when they talked to me or do they not care as long as they got your details
    Look up the definition again..doesn't say anything about driving. Your thinking of the Road Traffic Act..I'm referring to the Public Order Act. Perhaps they did mention you were committing a offence. By your own admission, you cant remember much from the night. Why don't you just go down to the station and ask?


  • #8
    [Deleted User]
    Posts: 5,369 ✭✭✭ [Deleted User]


    opfleet wrote: »
    Look up section 4 of the Public Order Act 1994. Yes, than can come with a fcn.
    mynamejeff wrote: »
    you can get a fcpn for section 4 public order , being a drunk nuisance,

    given that you were so drunk that you don't remember much of the interaction that seems to be the case ,

    pay the ticket and move on its not a conviction

    or don't and go to court to fight your case and risk a conviction


    He couldn't get an fcpn without being arrested. That wouldn't make sense considering the offence involves being drunk to such an extent that they are a danger to themselves or others.



    OP, first of kudos for spelling it correctly on the third attempt. It's a pet hate of mine when people mix the Irish Garda and English Guard into some weird hybrid Guarda.

    Second, details were taken. It's very common for a whole range of reasons. Based on your comment, which is vague, I'm going to suggest that you were pissed. Garda stopped you, up were able to give him details and therefore just about stayed outside the section 4 limits for him. You got a taxi home and I wouldn't be surprised if that was under the watchful eye of the Garda in question.

    If I'm on the button, that's it, done and finished.

    The second option is maybe you were a match for a person or the actual person that was in a fight or whatever. Maybe it's been investigated, maybe everyone went their own ways without any need for further action. Again, it's finished.

    If it was an active investigation, you would have gotten a call shortly afterwards.

    I would be chalking it down to life and maybe finishing the night a pint sooner in future.


  • #9
    Bobdn37
    Registered Users, Registered Users 2 Posts: 14 ✭Bobdn37


    Niner leprauchan wrote: »
    He couldn't get an fcpn without being arrested. That wouldn't make sense considering the offence involves being drunk to such an extent that they are a danger to themselves or others.



    OP, first of kudos for spelling it correctly on the third attempt. It's a pet hate of mine when people mix the Irish Garda and English Guard into some weird hybrid Guarda.

    Second, details were taken. It's very common for a whole range of reasons. Based on your comment, which is vague, I'm going to suggest that you were pissed. Garda stopped you, up were able to give him details and therefore just about stayed outside the section 4 limits for him. You got a taxi home and I wouldn't be surprised if that was under the watchful eye of the Garda in question.

    If I'm on the button, that's it, done and finished.

    The second option is maybe you were a match for a person or the actual person that was in a fight or whatever. Maybe it's been investigated, maybe everyone went their own ways without any need for further action. Again, it's finished.

    If it was an active investigation, you would have gotten a call shortly afterwards.

    I would be chalking it down to life and maybe finishing the night a pint sooner in future.

    Thanks for the comprehensive reply,yea I was struggling with the Garda spelling there lol.

    So I was drunk that night but not legless,I definitely don't remember parts of the night, I know I did something wrong which I know is classed as a summary offence. Its quite embarrassing really and something I never did before or would do again but I really don't want to go into it.
    I have no idea if the gards stopped me because of this summary offense or if they have any idea I commited an offense,All I know is it was soon after that they stopped me and they may have just stopped me as it was late and I was walking around drunk.

    I do remember that there was no mention of or accusations been thrown at me about any offense.
    I'd like to think if I did give them my phone number they would have rang me to let me know I was been investigated yet I can't shake the feeling or fear that one day I'll get a summons to court: (Perhaps just my own personal regret and shame)


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