Hey just wondering does anyone know what grounds a member of the Garda while off duty

Jim_Hodge

https://www.boards.ie/discussion/comment/123341842#Comment_123341842

It's just as well Legal Advice is not allowed here, because that is Trump-worthy fake information.

Orban6

https://www.boards.ie/discussion/comment/123341842#Comment_123341842

https://paycommission.gov.ie/wp-content/uploads/GRA.pdf

As already posted.

suvigirl

https://www.boards.ie/discussion/comment/123341842#Comment_123341842

Dont know where you picked this up, but garda powers are garda powers. doesn't matter if 'on or off duty' they are literally a guard 24/7

Orban6

https://www.boards.ie/discussion/comment/123155645#Comment_123155645

Moderator: Orban6 was warned for this.

I hope you're not a cop. An asshole maybe.

Do you understand this following sentence?

From the GRA, not an internet troll, as you suggest.

"A Garda's powers, responsibilities and duties are with them whether in or out of uniform and 

whether on or off duty."

Peregrinus

Lenar is correct. The various statutes which confer powers on members of the Garda Siochana make no distinction or limitation by reference to whether the member is "on duty" or not. All that matters is whether the person concerned has holds an appointment as a member of the force under Garda Síochána Act 2005 Pt 2.

extra-ordinary_

Has this one been put to bed or what, or are there any late stragglers…?

myfreespirit

Well, this is a very useful thread. 😁

It has exposed several contributors as being completely ignorant of Irish law, despite their insistent claims.

Thanks to the knowledgeable people who have thoroughly debunked their claims.

brian_t

https://www.boards.ie/discussion/comment/123342253#Comment_123342253

You are attacking and insulting a poster who was agreeing with your post.

magicbastarder

can you imagine the furore in court if every time someone who had been arrested and charged demanded to see whether the arresting garda had forgotten to clock in that morning?

or argued that they were arrested by a garda who had been holding a chicken fillet roll, implying that they were on lunch and thus off duty?

csirl

https://www.boards.ie/discussion/comment/123342799#Comment_123342799

The Act is exactly the same with every public servant who has powers conferred on them by Statute in that the Act is silent re when they are on or off duty.

The issue of when they are on or off duty is dealt with in their conditions of employment. And public service conditions of employment are very clear on when an employee is acting in an official capacity (and so has the powers conferred) and when they are not.

Claw Hammer

https://www.boards.ie/discussion/comment/123346009#Comment_123346009

That conditions of employment refer to the use of the powers. The powers are intended to be used solely for the purposes of the persons employment. The person always has the powers. If an off duty guard sees a crime being committed he can use his power of arrest and detain the perpetrator. He is acting within the course of his employment which is to detect the commission of crimes. If he arrives home from a nigh shift going off duty and his neighbour is cutting the grass, use of his power of arrest to keep the neighbour in a cell in a garda station so that he can rest off without disturbance is not acting in the course of his employment and would be a wrongful arrest.

Peregrinus

The conditions of employment are not law; they can't override an Act of Parliament. A Garda has his statutory powers at all times.It may be a breach of his terms of employment, and a disciplinary matter, if he exercises his power when not on duty AND if his terms of employment specify that he is not to exercise his powers while not on duty (NB I very much doubt that the conditions of employment do say that). But even in that case this would not affect the validity of the exercise of the power.

Claw Hammer's example of a Garda arresting his neighbour because he is annoyed by lawnmowing is, with respect, a bit of a red herring. That would be an abuse of power, and would be problematic whether the Garda was on duty at the time or not.

NUTLEY BOY

I assume that a properly attested member of An Garda Siochana is always possessed of their powers subject to the laws governing any particular situation e.g. power of entry and search of a premises.

Even if a Garda was in the quaintly characterised state of being "off duty" don't they still have power of arrest in relation to an arrestable offence ?

suvigirl

https://www.boards.ie/discussion/comment/123349809#Comment_123349809

They have all their powers whether they are working or not from the time they are attested until they retire.

Peregrinus

There are lots of powers that can only be exercised in certain circumstances or on certain conditions — e.g. if the garda has first identified himself to you, or if he has first formed a certain opinion, etc. But I don't know of any power which can only be exercised on condition that the garda is "on duty" at the time.