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Trespassing at night causing fear

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  • 18-02-2019 11:08pm
    #1
    feedthegoat
    Registered Users Posts: 287 ✭✭


    An elderly relative awoke at 4 am to the sound of house alarm going off and banging on window. Gardai called and drunkard found in back garden. Who decides if drunkard is charged with trespassing, is it possible to find out who he\she is?


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    #2
    Peregrinus
    Registered Users Posts: 26,117 ✭✭✭✭Peregrinus


    feedthegoat wrote: »
    An elderly relative awoke at 4 am to the sound of house alarm going off and banging on window. Gardai called and drunkard found in back garden. Who decides if drunkard is charged with trespassing, is it possible to find out who he\she is?
    Simple trespass is not a crime, so nobody gets charged with it.

    Obviously there might be offences that could be charged in this case - e.g. trespass in a manner likely to cause fear. The guards decide whether to forward the case to the Director of Public Prosecutions office, if they think there is evidence to secure a conviction; the DPP decides whether to prosecute.

    The guard presumably identified the trespasser. I don't know whether they would pass on details of the identity to your relative. Why would your relative want the information; are they considering suing?


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    #3
    feedthegoat
    Registered Users Posts: 287 ✭✭feedthegoat


    Peregrinus wrote: »
    Simple trespass is not a crime, so nobody gets charged with it.

    Obviously there might be offences that could be charged in this case - e.g. trespass in a manner likely to cause fear. The guards decide whether to forward the case to the Director of Public Prosecutions office, if they think there is evidence to secure a conviction; the DPP decides whether to prosecute.

    The guard presumably identified the trespasser. I don't know whether they would pass on details of the identity to your relative. Why would your relative want the information; are they considering suing?

    Thanks for that.

    Seems a bit unfair that after all the hassle he has caused that he is just dropped home. Relative, 84 years old,is now anxious at night in own home. It took a big effort for the offender to get into the back of the house.

    Why do I want to know who it was? Suppose it gives us some sense of justice to know.


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    #4
    The Enbalmer
    Banned (with Prison Access) Posts: 1,001 ✭✭✭The Enbalmer


    Trespassing is a civil offence,hardly worth bothering with. The guards would more likely charge him with drunk and disorderly and breach of the peace.


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    #5
    Eire392
    Registered Users Posts: 65 ✭✭Eire392


    The Enbalmer wrote: »
    Trespassing is a civil offence,hardly worth bothering with. The guards would more likely charge him with drunk and disorderly and breach of the peace.

    Trespass is not a civil offence. He may have been arrested op without your relative knowing


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    #6
    feedthegoat
    Registered Users Posts: 287 ✭✭feedthegoat


    Eire392 wrote: »
    Trespass is not a civil offence. He may have been arrested op without your relative knowing

    When called to Garda station the original Garda was not there but they checked and said there was no record of any event as described.


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    #7
    Nekarsulm
    Registered Users Posts: 11,189 ✭✭✭✭Nekarsulm


    Eire392 wrote: »
    Trespass is not a civil offence. He may have been arrested op without your relative knowing

    Well, its certainly not a criminal offence, so what is it?


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    #8
    Subutai
    Registered Users Posts: 293 ✭✭Subutai


    Nekarsulm wrote: »
    Well, its certainly not a criminal offence, so what is it?

    It can be a criminal offence: http://revisedacts.lawreform.ie/eli/1994/act/2/revised/en/html#SEC13

    Trespass to land is also a Tort, actionable per se. There's isn't any need to prove damage. Of course in those circumstances you'd be unlikely to take an action.


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    #9
    source
    Registered Users Posts: 5,269 ✭✭✭source


    http://www.irishstatutebook.ie/eli/1994/act/2/section/13/enacted/en/html#sec13

    Power provided to AGS is to move the person on, if they fail to comply then power to arrest for not complying with the member applies.

    If they moved on after AGS turned up then the member likely wouldn't have bothered to put it on pulse so there would be no record.


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    #10
    feedthegoat
    Registered Users Posts: 287 ✭✭feedthegoat


    Thanks for all your replies....the sad thing is I have an anxious relative following some idiots drunken behaviour. Someone should be able to bring it to their attention the issue they have caused.


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