Being stopped by Gardai

bobbyss · 06-03-2026 11:27PM #1

Just wondering about if you were stopped and arrested or detained by Garda.

Imagine you were walking down the street and a garda detains/arrests you under Section 4 of some Act eg Anti-Social Behaviour Act or whatever. Imagine you had recorded this on your camera and you were brought to a station. However the garda in writing down a report states a different section not realising you had it recorded. So the wrong section was used and he said I meant Section 3 not 4. Would the arrest/detention be upheld?

Is a Garda obliged to inform you under what section of an Act you are being detained or arrested?

Is he/ she obliged to explain the section of the act to you?

chrisd2019 · 06-03-2026 11:33PM

https://www.boards.ie/discussion/2058435378/being-stopped-by-gardai

Surely this would depend on the exact specifics of the case and the error made, and of course the quality of the recording.

Jim_Hodge · 06-03-2026 11:45PM

You can be arrested on one thing but charged with another. Your hypothetical is far too vague.

Lenar3556 · 07-03-2026 12:30AM

https://www.boards.ie/discussion/2058435378/being-stopped-by-gardai

The requirement is that you are informed of the reason for your arrest.
The Garda doesn’t need to state the particular legislation, or section that provides for arrest.

You may be able to challenge the arrest if you could demonstrate that you were misled as to the reason for your arrest, but quoting an incorrect section of the relevant act is highly unlikely to be fatal to any subsequent prosecution.

bobbyss · 07-03-2026 09:50PM

https://www.boards.ie/discussion/comment/124292640#Comment_124292640

I see. Can't the case be made that a garda is there to enforce the law and if he arrests you shouldn't he be able to tell you what section of the law you have actually broken? You would often hear the police say on TV: I am arresting you under Section 3 of the Road Traffic Act etc. Why do the police say that if only to be specific about the nature of your offence? And if they say it under those circumstances, surely they would be obliged to inform you under other and all circumstances?

Jim_Hodge · 07-03-2026 10:13PM

https://www.boards.ie/discussion/comment/124294788#Comment_124294788

You're still conflating arrest and charge, and not being specific enough as to the nature of the crime.

Lenar3556 · 08-03-2026 12:42AM

https://www.boards.ie/discussion/comment/124294788#Comment_124294788

Not really. The courts have repeatedly determined that the essential requirement is that a person being arrested should reasonably understand why they are being arrested. For example “You are under arrest for being intoxicated in a public place causing a breach of the peace.” will be sufficient at the time of arrest.

Claw Hammer · 14-03-2026 06:13PM

Just because you are told one reason for your arrest and charged with a different offence later doesn't mean the arrest was unlawful. You could well be arrested on suspicion of being in possession of stolen property which turns out not to be the case but while under arrest you were discovered to be in possession of prohibited drugs. You could then be charged with being in possession of prohibited drugs.

shinnerbot09 · 14-03-2026 06:41PM

AFAIK

Some legislation has its own power of arrest and some have specific ones , Drink driving for example vs section 4 criminal law act ,

knowing and understanding each of these acts inside out and being able to apply them at a moments notice with out all information would require superhuman abilities and encyclopedic knowledge.

On top of the knowledge that every split second decision will inevitably be picked apart in internal and judicial settings after weeks months or years of analysis , its hardy reasonable to expect perfection

Being stopped by Gardai

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