Right to remain silent

nesf

I would see the question being more important in situations where a person has good reason for witholding information.

A journalist wanting to not reveal his sources. A person who was afraid of recriminations and the safety of his family if he gave evidence etc.

These people do have a right to say nothing if they wish and it should be protected imho. The problem is how to stop people from abusing it.

mycroft

nesf wrote:

I would see the question being more important in situations where a person has good reason for witholding information.

A journalist wanting to not reveal his sources. A person who was afraid of recriminations and the safety of his family if he gave evidence etc.

These people do have a right to say nothing if they wish and it should be protected imho. The problem is how to stop people from abusing it.

Thats the thing about a universal right, deciding you have a right but he doesn't have the same right isn't really y'know fair.

the_syco

Telling them (the Gardai) to "f" off, can be seen as your hiding something. Or there could be some law about being offensive to a Gardai that they could arrest you with.

Our man in Havana

I don't think the OP meant to say "f" off to the garda. I think he means a polite way of saying that he wishes to make no comment and leave it like that.

mycroft

the_syco wrote:

Telling them (the Gardai) to "f" off, can be seen as your hiding something. Or there could be some law about being offensive to a Gardai that they could arrest you with.

Verbal abuse can been seen as minor assault.

Also general abuse to the Garda will result in you being arrested under the public order act, and a few digs in the back of a patrol car under the "giving us some cheek, not laughing now are we sonny boy? Act."

Our man in Havana

mycroft wrote:

Verbal abuse can been seen as minor assault.

Also general abuse to the Garda will result in you being arrested under the public order act, and a few digs in the back of a patrol car under the "giving us some cheek, not laughing now are we sonny boy? Act."

This would be the Donegal branch?

30-6shooter

lol

dglancy

Hobart wrote:

You will not be told that you have a right to remain silent, however you do not have to answer any questions, except to confirm your name, address, dob.

Do you have to give a guard your name,address,dob ? Is it a legal requirement? I have often wondered this. A few weeks ago I was walking fairly tipsy on my own to a friends house. This friend rents a house near where the Minister for Justice lives and the place is often crawling with cops on foot patrol. Anyways, I was walking past a guard and she stops me and asks me:

* Where am I going ?
* What's my name ?
* What's my address ?

I answer the questions politely and the guard says "ok, carry on"! That kind of annoyed me and even though I would normally be polite to people I was wondering if it happened again and I was feeling awkward that I could legally say "sorry, no comment".

Anybody got any ideas?

Our man in Havana

You are legally obliged to give them the minimum of information:

*Name
*DOB
*Address
*Occupation

After that you can no comment them, but in your situation as it would open the door to searches under the mis-use of drugs act etc. Easier just to say "I am heading home".

nesf

mycroft wrote:

Thats the thing about a universal right, deciding you have a right but he doesn't have the same right isn't really y'know fair.

Who ever said life was fair?