Garda asking for name

No you do not have to give them your name but my own personal advice would be just to provide it.

Contrary to what the anarchists and conspiracy theorists at indymedia say, the Gardai will have a valid reason for asking someone their name or details. (queue the irrational ramblings of the aforementioned...)

I realise that some people may see it as somewhat invasive but as I said, the guards don't just ask for no reason at all and as long as they are polite about it and, if appropriate (eg. so long as it wouldnt interfere with their enquiries), provide a reason for their doing so, I see no reason why anyone would refuse to just give their name. Otherwise they are rightfully arousing the Garda's suspicions.

Don't believe all you read on indymedia. The opening line is enough to predict that what follows will be pure drivel.
I'd say there's more articulate stuff scrawled in s**t on the walls of institutions for the criminally insane.

I've been stopped once by the Gardai as I walked home from a night out and gladly provided my details when they asked.
Somebodys home may have just been burgled nearby and it would have been extremely incompetent of them to simply drive by me.
I saw it as a minor incovenience and very slight encroachment on my rights for a greater good, in the same way airport security is.

I think its good to see the guards being proactive like that and if you were a victim of crime you'd no doubt be glad to know that the Guards were actively investigating it.

Just tell them you're Mussolini for the laugh

Severe de ja vu with this one.....

The public order act of 94 is possibly your best friend in answering your "discussion"


Sec 24.—(1) Where a member of the Garda Síochána finds any person committing an offence under a relevant provision, the member may arrest such person without warrant.

(2) Where a member of the Garda Síochána is of the opinion that an offence has been committed under a relevant provision, the member may—

(a) demand the name and address of any person whom the member suspects, with reasonable cause, has committed, or whom the member finds committing, such an offence, and

(b) arrest without warrant any such person who fails or refuses to give his name and address when demanded, or gives a name or address which the member has reasonable grounds for believing is false or misleading.

(3) Any person who fails or refuses to give his name and address when demanded by virtue of subsection (2), or gives a name or address when so demanded which is false or misleading, shall be guilty of an offence.

(4) A person guilty of an offence under subsection (3) shall be liable on summary conviction to a fine not exceeding £500 or to a term of imprisonment not exceeding 6 months or to both.


So delivering envelopes you say.........

Section 8 (1) B will cover this activity especially If your a stranger in the area or on private property (to exit you will have to re enter public property)

8.—(1) Where a member of the Garda Síochána finds a person in a public place and suspects, with reasonable cause, that such person—

(a) is or has been acting in a manner contrary to the provisions of section 4 , 5 , 6 , 7 or 9 , or

(b) without lawful authority or reasonable excuse, is acting in a manner which consists of loitering in a public place in circumstances, which may include the company of other persons, that give rise to a reasonable apprehension for the safety of persons or the safety of property or for the maintenance of the public peace,

Can I ask why your seeking this advice???

OP -
You can also be stopped by Gardai when driving a vehicle, doing nothing wrong, you can be routinely stopped (Section 109 Road Traffic Act gives this power). Section 40 - your driving licence can be demanded off you (which obviously has your name address dob details etc). Section 107 also provides for demanding name and address and there is also a subsequent power of arrest for providing a name or address which is false or misleading.
So yes, yes you are legally obliged. Otherwise you are wide open to getting arrested/charged/summonsed. As already mentioned you become more suspicious when you refuse to give your name or become uncooperative.

Keith186 wrote: »

Just tell them you're Mussolini for the laugh

Just don't be standing under a lamp post when you do

Haddockman wrote: »

In all honesty the Garda was probably investigating a complaint of littering.

The placing of leaflets on Cars etc is now an offence under the littering laws.Would it be possible that handing out leaflets come under this legislation as well.

MUSSOLINI wrote: »

Its not beyond the realms of possibility that a garda would do such is it?

Basically I don't want to be handing out my personal details for no reason. I was just thinking about the times I was asked for my name, I just gave it without any thought, and was curious as to whether I actually had to, I'm not having a go at Gards here, I know you are one.

Heres a situation, You witness a fight, a Garda shows up, breaks it up and asks you the passerby for your name. That happened me, I gave it, but I was a bit wary in doing so, I didnt want to be involved at all. If I said no, would I have been arrested?



Are we basically boiling down to you saying that a Garda will never ask for a name without a legal reason?

In this case, no you wouldn't be arrested. You were witness to an incident, it is the Garda's duty to get the details of anybody who would be able to provide evidence in a situation like this. You can in this instance, if you wish, refuse to give details and say you don't want any part in it.