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What should you do when arrested!

24

Comments

  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    As my Father in law said to me 'do not trust the gards in those circumstances, they are trained to not trust you.' I have known several people who made that mistake & sleep walked their way into serious charges. Gardai in this country are a cabal, they willing labelled Maurice McCabe a paedophile. Only for he recorded certain conversations they'd have gotten away with it. If they'll do that to one of their own then what chance do ordinary citizens have?
    Don't trust them in any circmstance. stay silent ask for lawyer


  • Registered Users, Registered Users 2 Posts: 14,282 ✭✭✭✭Potential-Monke


    People might be slightly over-reacting here. I'm not taking away from peoples personal experiences, but you never hear the good stories. In my 9 years, I've had to take thousands of statements, including from witnesses and people who i've asked to attend the station. There's one simple rule to follow: A Garda can ask you anything, but can only demand certain things. Chatting with a Garda cannot be used as evidence, only once you have been cautioned can anything you say be used as evidence. So feel free to talk openly with the Garda, but as soon as you hear the declaration (read out at the start of giving a statement as a witness) or if you're arrested and cautioned, then don't talk, as only that evidence can be used in court, not the idle chit chat. Remember that once arrested and cautioned, there is no longer such a thing as idle chit chat, even if they take you for a smoke and start up a casual conversation, don't get involved.

    As someone mentioned above, the general populace really don't know their rights, so if you're in any way worried, just don't talk and look for a solicitor. If you don't have one, and you're arrested, the station has a list of the local solicitors and they will ring and request attendance on your behalf, which most solicitors will do at the drop of a hat, lovely money for them. Most Gardai are trained in basic interview techniques, but I'd be more wary if the detectives/plain clothes members start interviewing, as they're usually better trained to a higher level and have learned techniques to get the truth.

    And again, I know there are bad apples out there, but they are still highly in the minority in a force of ~13k.


  • Registered Users, Registered Users 2 Posts: 3,921 ✭✭✭Grab All Association


    https://fb.watch/1FyNUnMKiH/

    USA, but a lot of what he’s saying could be applied here.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    People might be slightly over-reacting here. I'm not taking away from peoples personal experiences, but you never hear the good stories. In my 9 years, I've had to take thousands of statements, including from witnesses and people who i've asked to attend the station. There's one simple rule to follow: A Garda can ask you anything, but can only demand certain things. Chatting with a Garda cannot be used as evidence, only once you have been cautioned can anything you say be used as evidence. So feel free to talk openly with the Garda, but as soon as you hear the declaration (read out at the start of giving a statement as a witness) or if you're arrested and cautioned, then don't talk, as only that evidence can be used in court, not the idle chit chat. Remember that once arrested and cautioned, there is no longer such a thing as idle chit chat, even if they take you for a smoke and start up a casual conversation, don't get involved.

    As someone mentioned above, the general populace really don't know their rights, so if you're in any way worried, just don't talk and look for a solicitor. If you don't have one, and you're arrested, the station has a list of the local solicitors and they will ring and request attendance on your behalf, which most solicitors will do at the drop of a hat, lovely money for them. Most Gardai are trained in basic interview techniques, but I'd be more wary if the detectives/plain clothes members start interviewing, as they're usually better trained to a higher level and have learned techniques to get the truth.

    And again, I know there are bad apples out there, but they are still highly in the minority in a force of ~13k.
    You are never just chatting with a garda. If they are any way good they will use chatting time to find things they then ask about after caution. Also it gets people used to talking to the garda especially if they garda uses the persons connection to hobbies/interests to make an emotional connection.


    The detective /plain clothes cannot use any techniques on someone who won't engage with them and their techniques. You don't have to be detective to be aware of these techniques. What interview techniques are the garda trained in?

    The problem with bad apples is the others will back them ot of loyalty or peer pressure


  • Banned (with Prison Access) Posts: 1,075 ✭✭✭smellyoldboot


    Can't help but feel there's some scare mongering going on in here.

    If you're a black fella, living in To Kill A Mockingbird, it's probably best to wait for legal advice. If you're living in Ireland, however, the Gardai know most of the local criminals and you're not likely to get any issue from them. Most Gardai aren't setting out to 'pin' something on you. They just want to rule you out so they can get on with their jobs, as most of the time they know who they're looking for anyway.

    Unfortunately like most people who lose any passion for their daily jobs, a lot of gardai (as with any police force) become lazy and disinterested and an easy quick result is a good result. Hence the bullying/forceful and endlessly accusatory questions hoping to put you on the spot and land you in trouble.

    I sympathize that some of the yokes they would deal on a daily basis ARE habitual liars but they do seem to keep the general tone up with anyone they're dealing with. Usually a very young guard fresh out of training or an old one looking toward retirement is grand. Watch out for the mid career-this didn't go how I planned it- types though.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,181 CMod ✭✭✭✭magicbastarder


    And again, I know there are bad apples out there, but they are still highly in the minority in a force of ~13k.
    and interesting to see that video circulating on social media of gardai who were obviously responding to a report of anti-social behaviour on the DART. there's going to be (or certainly should be!) questions asked about that, one of the people arrested is abruptly and violently hauled off the carriage with no warning, and was not acting threatening immediately before he was grabbed.


  • Banned (with Prison Access) Posts: 1,075 ✭✭✭smellyoldboot


    bubblypop wrote: »
    So gardai investigating RTCs are dodgy now?
    Of course they were taking statements, your statement being an important one obviously.
    Seems like someone doing their job to me.

    I personally know of a Garda involved in a serious sexual assault allegation, was back in the 80s when you daren't pursue such matters through official channels. Anyway his "punishment" was to get shunted into the traffic corps for the rest of his career, this halting any hopes of further progression. Apparently this was standard enough practice for dealing with the bad eggs. May no longer be the case but prob best advised to trust the traffic corps less than any.


  • Moderators, Category Moderators, Arts Moderators, Sports Moderators Posts: 50,181 CMod ✭✭✭✭magicbastarder


    a garda i know works with a chap whose surname is carr.

    can you imagine being arrested by garda carr.


  • Registered Users, Registered Users 2 Posts: 6,700 ✭✭✭Feisar


    Can't help but feel there's some scare mongering going on in here.

    If you're a black fella, living in To Kill A Mockingbird, it's probably best to wait for legal advice. If you're living in Ireland, however, the Gardai know most of the local criminals and you're not likely to get any issue from them. Most Gardai aren't setting out to 'pin' something on you. They just want to rule you out so they can get on with their jobs, as most of the time they know who they're looking for anyway.

    When you are a hammer everything starts to look like a nail. My Dad was in the job, this advice was say SFA, pick a dot on the wall and stare at it if they get shirty and make contact with him, another lad or a solicitor. Contrariety to general belief there is no cloak of protection being a members son, quite often there will be cúnts that'd love to do you just because.
    I avoid them like a plague.

    First they came for the socialists...



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  • Site Banned Posts: 113 ✭✭Dunfyy


    Garda interviews can have “far-reaching ramifications”, which could include a suspect making a confession and being subsequently denied a trial.

    “In the absence of a lawyer, a detained suspect is in a vulnerable and disempowered position, not understanding the significance of the interview, not knowing what will matter at a later point, not fully understanding all of the rights which apply,
    Dr Conway said solicitors have disclosed that they “lack confidence” in this new role and often refuse to do it. There are an estimated 20,000 people detained in Ireland every year and only 2,600 had consultations with solicitors, The Supreme Court have upheld as valid, a decision made by a District Court Judge to throw out a prosecution for drunk driving (in a case where the Accused was charged with failing or refusing to provide a breath specimen at a Garda Station) on the grounds that when the Accused at the breath machine in the Garda Station asked to speak to a solicitor the Garda mistakenly thought they were prevented from giving in to the request and halting the breath specimen procedure (the State also sought to argue that given the demand facing the driver there was very little advice the solicitor could have given other than provide the sample).

    The Supreme Court have endorsed the reasoning and law as stated in the Garda Custody Regulation of 1984 namely that an Accused can as of right speak with a solicitor at any time in the course of their detention.

    In case of McCrea, this meant that the denial of access to legal advice in the Garda Station meant that the refusal to give a breath sample made after he asked for a solicitor was ruled out of evidence and the case against Mr. McCrea collapsed.A person under suspicion from the Gardai ,or any Government organisation with prosecutorial powers should never allow themselves be questioned without having taken specialist criminal defence legal advice.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    I personally know of a Garda involved in a serious sexual assault allegation, was back in the 80s when you daren't pursue such matters through official channels. Anyway his "punishment" was to get shunted into the traffic corps for the rest of his career, this halting any hopes of further progression. Apparently this was standard enough practice for dealing with the bad eggs. May no longer be the case but prob best advised to trust the traffic corps less than any.
    wouldn't trust any of them .Ireland has an adversarial justice system.The garda is on the other team.


    With respect to the OP Iam surprised anyone does not know their rights when arrested these days. It is googleable and there are books available which won't make anyone a solicitor but give clear info on rights.The most important is keep silent which is why criminals like The General and The Monk do so



    I remember reading that some time ago if you willingly gave fingerprints when arrested they could be held on file for ever but if you refused and the garda had to use statutory power to take the prints they could only be kept for a year. It's different now.


    There are a lot of 'statutory fingerprints' if you keep a look out


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    It would probably be easier, and certainly more readable, to just link to the page you copied that from.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Dunfyy wrote: »
    Garda interviews can have “far-reaching ramifications”, which could include a suspect making a confession and being subsequently denied a trial.

    “In the absence of a lawyer, a detained suspect is in a vulnerable and disempowered position, not understanding the significance of the interview, not knowing what will matter at a later point, not fully understanding all of the rights which apply,
    Dr Conway said solicitors have disclosed that they “lack confidence” in this new role and often refuse to do it. There are an estimated 20,000 people detained in Ireland every year and only 2,600 had consultations with solicitors, The Supreme Court have upheld as valid, a decision made by a District Court Judge to throw out a prosecution for drunk driving (in a case where the Accused was charged with failing or refusing to provide a breath specimen at a Garda Station) on the grounds that when the Accused at the breath machine in the Garda Station asked to speak to a solicitor the Garda mistakenly thought they were prevented from giving in to the request and halting the breath specimen procedure (the State also sought to argue that given the demand facing the driver there was very little advice the solicitor could have given other than provide the sample).

    The Supreme Court have endorsed the reasoning and law as stated in the Garda Custody Regulation of 1984 namely that an Accused can as of right speak with a solicitor at any time in the course of their detention.

    In case of McCrea, this meant that the denial of access to legal advice in the Garda Station meant that the refusal to give a breath sample made after he asked for a solicitor was ruled out of evidence and the case against Mr. McCrea collapsed.A person under suspicion from the Gardai ,or any Government organisation with prosecutorial powers should never allow themselves be questioned without having taken specialist criminal defence legal advice.
    If they got a solicitor wouldn't they still have to give the breath sample? is there a possibility of trying to delay while the blood alcohol level falls. How long would it take a solicitor to arrive at 3 AM?


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    If they got a solicitor wouldn't they still have to give the breath sample? is there a possibility of trying to delay while the blood alcohol level falls. How long would it take a solicitor to arrive at 3 AM?

    They wouldn't wait for the solicitor to arrive. They would allow a phone consultation only. Even a delay of a few minutes might affect the alcohol levels.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    They wouldn't wait for the solicitor to arrive. They would allow a phone consultation only. Even a delay of a few minutes might affect the alcohol levels.
    So what would be the point as the solicitor cannot tell them to refuse the sample can he?


    Would they wait for the phone consult before doing the sample?


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  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Does anyone have a link to the DPP vs McFadden full report? I searched courts.ie


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    So what would be the point as the solicitor cannot tell them to refuse the sample can he?


    Would they wait for the phone consult before doing the sample?

    the solicitor can tell them what they want. they are free to give advice. it would be terrible advice though. If you refuse you will be found guilty of refusing to give a sample which carries the same penalties as being over the limit.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    the solicitor can tell them what they want. they are free to give advice. it would be terrible advice though. If you refuse you will be found guilty of refusing to give a sample which carries the same penalties as being over the limit.
    I doubt a solicitor would tell them not to give the sample so it seems pointless if the sample is delayed


  • Registered Users, Registered Users 2 Posts: 40,513 ✭✭✭✭ohnonotgmail


    I doubt a solicitor would tell them not to give the sample so it seems pointless if the sample is delayed

    if you think the guards are going to hang around longer than the time allowed because they cant get your solicitor on the phone you are misinformed


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Dunfyy wrote: »
    Garda interviews can have “far-reaching ramifications”, which could include a suspect making a confession and being subsequently denied a trial.

    “In the absence of a lawyer, a detained suspect is in a vulnerable and disempowered position, not understanding the significance of the interview, not knowing what will matter at a later point, not fully understanding all of the rights which apply,
    Dr Conway said solicitors have disclosed that they “lack confidence” in this new role and often refuse to do it. There are an estimated 20,000 people detained in Ireland every year and only 2,600 had consultations with solicitors, The Supreme Court have upheld as valid, a decision made by a District Court Judge to throw out a prosecution for drunk driving (in a case where the Accused was charged with failing or refusing to provide a breath specimen at a Garda Station) on the grounds that when the Accused at the breath machine in the Garda Station asked to speak to a solicitor the Garda mistakenly thought they were prevented from giving in to the request and halting the breath specimen procedure (the State also sought to argue that given the demand facing the driver there was very little advice the solicitor could have given other than provide the sample).

    The Supreme Court have endorsed the reasoning and law as stated in the Garda Custody Regulation of 1984 namely that an Accused can as of right speak with a solicitor at any time in the course of their detention.

    In case of McCrea, this meant that the denial of access to legal advice in the Garda Station meant that the refusal to give a breath sample made after he asked for a solicitor was ruled out of evidence and the case against Mr. McCrea collapsed.A person under suspicion from the Gardai ,or any Government organisation with prosecutorial powers should never allow themselves be questioned without having taken specialist criminal defence legal advice.
    In case of McCrea



    the garda’s mistaken belief that the whole process would be aborted if the procedure were delayed to allow consultation with a solicitor because “she would not be legally entitled to make another request of the accused if she broke the intoxilyser’s machine’s cycle in order to allow him to consult with a solicitor”. This is admitted to be an error but it is, undoubtedly, the source of all the difficulty which has arisen in this case.



    https://www.bailii.org/ie/cases/IESC/2010/S60.html


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  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    I remember reading that some time ago if you willingly gave fingerprints when arrested they could be held on file for ever but if you refused and the garda had to use statutory power to take the prints they could only be kept for a year. It's different now.

    That may have been myself who spoke of this previously, strictly speaking the year requirement could be extended depending on the circumstances, also the no limit on retention for prints obtained via consent rather than under a statutory power still exists, as held by the Supreme Court in the DPP vs Boyce [2008] IESC 62 case, the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 does not appear to have changed this either as it deals with retention of prints obtained with statutory authority.

    That said it's been 12 years since the issue has been tested here that I know of and I suspect it may change in a new case in light of GDPR for example and the issues surrounding biometric data.


  • Registered Users, Registered Users 2 Posts: 6,295 ✭✭✭Claw Hammer


    So what would be the point as the solicitor cannot tell them to refuse the sample can he?


    Would they wait for the phone consult before doing the sample?

    They would wait for the phone consultation. They won't supply phone numbers for solicitors either.
    The solicitor could advise them that if they have a medical condition which precludes giving a breath sample they can offer a blood sample. They can advise them to keep the offered sample and to take contemporaneous notes of everything which is happening.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    GM228 wrote: »
    That may have been myself who spoke of this previously, strictly speaking the year requirement could be extended depending on the circumstances, also the no limit on retention for prints obtained via consent rather than under a statutory power still exists, as held by the Supreme Court in the DPP vs Boyce [2008] IESC 62 case, the Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 does not appear to have changed this either as it deals with retention of prints obtained with statutory authority.

    That said it's been 12 years since the issue has been tested here that I know of and I suspect it may change in a new case in light of GDPR for example and the issues surrounding biometric data.
    It may have been here I read it. But isn't it changed now, don't you have to apply to court to have any samples destroyed now?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    It may have been here I read it. But isn't it changed now, don't you have to apply to court to have any samples destroyed now?

    There are time limits when obtained under statutory authority, it is when these limits are extended that you can apply to the District Court to have them destroyed.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    GM228 wrote: »
    There are time limits when obtained under statutory authority, it is when these limits are extended (which can be for a number of reasons) that you can apply to the District Court to have them destroyed sooner.
    Garda Powers Law & Practice says

    "retention is the deafult position with destruction only on application to senior gardai".I thought it was to court, sorry


  • Registered Users, Registered Users 2 Posts: 3,817 ✭✭✭Darc19


    The Garda Commissioner is a notorious former RUC thug. In light of that I would be more cautious than ever in what I'd say to a Guard.
    The current commissioner was installed in this position for one reason - to co-ordinate more effective cross border suppression of republicans.

    Mod
    Boards,ie does not agree with this post

    The current commissioner is making dramatic changes for the better in the gardai.

    Some people love to believe the SF/IRA propaganda because he's causing plenty of strife for a certain criminal and republican element that permeates the SF/IRA party


  • Registered Users, Registered Users 2 Posts: 206 ✭✭BuzzMcdonnell


    <snip>

    Remember that little thing that was democratically voted for called the Good Friday agreement? All of this divisive talk of “direct enemies” and “occupying forces” only serves to make a United Ireland less likely in the near future.


  • Registered Users, Registered Users 2 Posts: 83,429 ✭✭✭✭Atlantic Dawn
    M


    Having done jury duty and seen how both plays out I would say if guilty say absolutely nothing without a solicitor with you and the very same if innocent, how you can incriminate yourself and then see it later played in court would surprise you, saying absolutely nothing both at interview and in court leaves the jury with a much harder decision to make.


  • Registered Users Posts: 480 ✭✭baalad


    Is the onus on you to request to speak to a solicitor or does the guard have a duty to give you that option?

    I was arrested last year around midnight but i was clueless as i had never been in trouble before so it never occurred to me to ask for a solicitor because 1, i did not know / have a solicitor and 2, it was so late that surely i can't just ring one after midnight and expect him to come to my aid when i never spoke to the guy before in my life and 3, i have no idea what this is going to cost me.

    Plus my phone was taken off me so i was not allowed contact anyone which caused my parter a lot of anxiety because she thought i was dead because she did not get a response from me in 3 hours haha


  • Registered Users Posts: 480 ✭✭baalad


    Having done jury duty and seen how both plays out I would say if guilty say absolutely nothing without a solicitor with you and the very same if innocent, how you can incriminate yourself and then see it later played in court would surprise you, saying absolutely nothing both at interview and in court leaves the jury with a much harder decision to make.

    Personally i always thought that if the judge hears a defendant wouldn't talk or kept repeating "no comment" that they would just think you had guilty written all over you!

    When your caught up in these situations its so hard to know what the right thing to do is


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  • Registered Users, Registered Users 2 Posts: 26,690 ✭✭✭✭Peregrinus


    baalad wrote: »
    Personally i always thought that if the judge hears a defendant wouldn't talk or kept repeating "no comment" that they would just think you had guilty written all over you!
    But judges don't convict you because they think you're guilty; they only convict you if the state produces evidence to prove your guilt. Your failure to answer questions put to you is not proof of guilt.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    baalad wrote: »
    Personally i always thought that if the judge hears a defendant wouldn't talk or kept repeating "no comment" that they would just think you had guilty written all over you!

    When your caught up in these situations its so hard to know what the right thing to do is
    Silence can sometimes be taken into account but they cannot convict on that alone. I would nEVER make any comment to any garda either beforer or after a caution or during so called chatting.You are never chatting to a garda.Theyare supposed to tell you your rights to a solicitor and give you a rights sheet detailing your rights.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    baalad wrote: »
    Personally i always thought that if the judge hears a defendant wouldn't talk or kept repeating "no comment" that they would just think you had guilty written all over you!

    When your caught up in these situations its so hard to know what the right thing to do is

    On this - I was under the, probably mistaken, impression that no comment interviews were not put to the Judge / Jury. They can invoke inference legislation, that I really should know the proper name of, and that can be submitted. Just as an aside those interviews are painful to read!

    Anyway posting for clarification on the above ramble for anyone who is willing to do so.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    On the point of a solicitor it should be noted the right is one of access to a solicitor, not presence of a solicitor during questioning.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    GM228 wrote: »
    On the point of a solicitor it should be noted the right is one of access to a solicitor, not presence of a solicitor during questioning.

    They do seem to universally allow it though and the expectation, as far as I can tell, is they are expecting it to be challenged if they don't. The most reluctant party to all of that seems to be solicitors!


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    On this - I was under the, probably mistaken, impression that no comment interviews were not put to the Judge / Jury. They can invoke inference legislation, that I really should know the proper name of, and that can be submitted. Just as an aside those interviews are painful to read!

    Anyway posting for clarification on the above ramble for anyone who is willing to do so.

    You are correct, such can not be put to the court as evidence unless there are specific inference provisions in law.

    P.S the proper name is inference drawing provisions.


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    They do seem to universally allow it though and the expectation, as far as I can tell, is they are expecting it to be challenged if they don't. The most reluctant party to all of that seems to be solicitors!

    They do allow it because policy allows it, and it has been unsuccessfully challenged and lost both to the Supreme Court and the ECtHR.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    GM228 wrote: »
    They do allow it because policy allows it, and it has been unsuccessfully challenged and lost both to the Supreme Court and the ECtHR.
    The right to a solicitor has been challenged? By the state?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    The right to a solicitor has been challenged? By the state?

    No, by a convicted murderer - Barry Doyle.


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  • Registered Users, Registered Users 2 Posts: 9,599 ✭✭✭Cluedo Monopoly


    What if you don't have or know a solicitor?
    How would you go about picking a suitable one?

    What are they doing in the Hyacinth House?



  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    GM228 wrote: »
    No, by a convicted murderer - Barry Doyle.
    OK i see that is to do with having the solicitor present at his qeustioning.That does not happen in Ireland, does it?


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    OK i see that is to do with having the solicitor present at his qeustioning.That does not happen in Ireland, does it?

    It can, it was an Irish Supreme Court case.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    OK i see that is to do with having the solicitor present at his qeustioning.That does not happen in Ireland, does it?

    Sometimes they will sit in on an interview, yes.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    GM228 wrote: »
    It was an Irish Supreme Court case.
    I see that. Just looking at Garda Powers the possibility of inference on silence applies to all arrestable offences. Can corroborate but cannot convict alone
    I'd still stay silent


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    I see that. Just looking at Garda Powers the possibility of inference on silence applies to all arrestable offences. Can corroborate but cannot convict alone
    I'd still stay silent

    That's correct because there is an inference drawing provision for such under S19 of the Criminal Justice Act 1984, however, it only applies to an inference on your whereabouts and no othet aspects of the alleged offence.


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  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    GM228 wrote: »
    That's correct because there is an inference drawing provision for such under S19 of the Criminal Justice Act 1984, however, it only applies to an inference when you fail to account for your whereabouts, to account for objects and failure to mention particular facts and no othet aspects of the alleged offence.
    Also applies if you have substance /marks on clothing/footwear/person


  • Registered Users, Registered Users 2 Posts: 8,922 ✭✭✭GM228


    Also applies if you have substance /marks on clothing/footwear/person

    Correct, I edited before your reply.


  • Closed Accounts Posts: 957 ✭✭✭80j2lc5y7u6qs9


    Wonder what would have happened if Barry Doyle had stayed silent


  • Registered Users, Registered Users 2 Posts: 2,385 ✭✭✭RebelButtMunch


    What if you don't have or know a solicitor?
    How would you go about picking a suitable one?

    I think someone answered that. There will be a duty solicitor or your family can ring one


  • Moderators, Category Moderators, Computer Games Moderators, Society & Culture Moderators Posts: 8,528 CMod ✭✭✭✭Sierra Oscar


    What if you don't have or know a solicitor?
    How would you go about picking a suitable one?

    The station will have a list of solicitors available if you do not have one. You'll be shown the list and asked to choose one.


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