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What happens if a soldier gets arrested by the Gardai?

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  • 19-10-2017 7:01pm
    #1
    sean2591
    Registered Users Posts: 45 ✭


    Do the Gardai inform the army?

    Would the Army get involved with the court case?

    Would the soldier be disciplined or punished by the Army separate to what happens in court?


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    #2
    beefburrito
    Closed Accounts Posts: 695 ✭✭✭beefburrito


    They'll tie you blindfolded to a pole and fire rocket's at you.

    It's called cannon law......


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    #3
    boardsuser1
    Closed Accounts Posts: 6,196 ✭✭✭boardsuser1


    I know a soldier who was arrested in December 2004 for drink driving,leaving the scene of an accident etc.

    He was convicted in a civilian court and the army never found out.


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    #4
    Esel
    Registered Users Posts: 22,035 ✭✭✭✭Esel


    I knew a guy who crashed his motorbike and broke both his legs. Because he was in uniform, he was brought to Bricin's (accident happened in Dublin). They stuck his legs in plaster without realigning the bones and he ended up on crutches for life.

    Not your ornery onager



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    #5
    sean2591
    Registered Users Posts: 45 ✭sean2591


    Cork Truck Driver wrote: »
    I know a soldier who was arrested in December 2004 for drink driving,leaving the scene of an accident etc.

    He was convicted in a civilian court and the army never found out.

    Thanks that's good to hear. I heard that the Gardai inform the Army but obviously not in that vase anyway


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    #6
    Tigger
    Closed Accounts Posts: 16,707 ✭✭✭✭Tigger


    Esel wrote: »
    I knew a guy who crashed his motorbike and broke both his legs. Because he was in uniform, he was brought to Bricin's (accident happened in Dublin). They stuck his legs in plaster without realigning the bones and he ended up on crutches for life.

    why what when ?


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    #7
    ...And Justice
    Closed Accounts Posts: 1,283 ✭✭✭...And Justice


    sean2591 wrote: »
    Thanks that's good to hear. I heard that the Gardai inform the Army but obviously not in that vase anyway

    It'll be down to how bothered the arresting Garda is about it. If they're not arsed they won't inform the army. I have a friend that did a stint in Kosovo or Serbia, he was peace keeping and cleaning up after the war, messed him up a bit. Long story short drink driving, head messed up, Garda didn't prosecute him or inform the army. This is what he tells me anyway.


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    #8
    evolving_doors
    Closed Accounts Posts: 11,812 ✭✭✭✭evolving_doors


    sean2591 wrote: »
    Do the Gardai inform the army?

    Would the Army get involved with the court case?

    Would the soldier be disciplined or punished by the Army separate to what happens in court?

    I seem to remember that the army have stipulations about not allowing soldiers/cadets to drive during certain periods (intensive training or something). So if yer caught or involved in an accident I think you'll be reprimanded. That's going by an anecdote so who knows.


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    #9
    tayto lover
    Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    I seem to remember a time when a soldier received a court fine over a certain amount he had to leave the army. I wonder has this changed?


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    #10
    boardsuser1
    Closed Accounts Posts: 6,196 ✭✭✭boardsuser1


    sean2591 wrote: »
    Thanks that's good to hear. I heard that the Gardai inform the Army but obviously not in that vase anyway

    No problem.

    That's the only case i have personal knowledge of even if historical.

    He was in the NCO's mess and hopped into the car and off home,he was permitted to leave the barracks.

    Whether the higher powers knew he was intoxicated i don't know.

    I'd be of the suspicion they didn't know anything as he was the barman in the mess itself.

    He drove the 3 mile trip home,crashing 50 yards from his house.

    From talking to someone in charge of community service, he did say to me a army chef charged with and convicted of assault kept it from the army also.

    The solicitor approached the journalist in the court requesting that he not report on it, that was exactly what happened.

    I'd only imagine if it was something serious like murder,drug dealing or something along those lines would there be an obligation to divulge all.


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    #11
    arybvtcw0eolkf
    Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    All the above stories sound like 'ball hops' (rumors, spoofs, tall stories ~ call 'em what you like, but I call BS on them.

    If the arresting Garda has cause he/she may contact the DF. Whether there's an obligation or not I'm not entirely sure, but I doubt it or its not strictly adhered to.

    But certainly if a soldier is going to be detained he/she may wish to contact their unit to inform them, in which case the arresting guard will assist.

    Short answer;
    Do the Gardai inform the army?

    Would the Army get involved with the court case?

    Would the soldier be disciplined or punished by the Army separate to what happens in court?

    1 ~ yes they do, but not always (if you don't identify yourself as a serving member of the DF then the arresting guard won't be any wiser).

    2 & 3 entirely depends on the circumstances. The question, and the answers to just too broad to go into fully.


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    #12
    sean2591
    Registered Users Posts: 45 ✭sean2591


    Joshua Wide Backspace wrote: »
    All the above stories sound like 'ball hops' (rumors, spoofs, tall stories ~ call 'em what you like, but I call BS on them.

    If the arresting Garda has cause he/she may contact the DF. Whether there's an obligation or not I'm not entirely sure, but I doubt it or its not strictly adhered to.

    But certainly if a soldier is going to be detained he/she may wish to contact their unit to inform them, in which case the arresting guard will assist.

    Short answer;



    1 ~ yes they do, but not always (if you don't identify yourself as a serving member of the DF then the arresting guard won't be any wiser).

    2 & 3 entirely depends on the circumstances. The question, and the answers to just too broad to go into fully.

    After I got arrested when they were searching me back at the station they found my Army ID and said something like you are going to be in trouble for this when the Army find out. It's nearly a week now and heard npthing else. Just meed to sort out getting leave for court but would prefer not to say why unless i have to. Thanks.


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    #13
    Barry Badrinath
    Closed Accounts Posts: 5,460 ✭✭✭Barry Badrinath


    sean2591 wrote: »
    After I got arrested when they were searching me back at the station they found my Army ID and said something like you are going to be in trouble for this when the Army find out. It's nearly a week now and heard npthing else. Just meed to sort out getting leave for court but would prefer not to say why unless i have to. Thanks.

    It depends what you have done or what you are alleged to have committed.

    If you are likely to be heavily fined, sentenced or be expected to perform any type of community service, you are obliged to inform the DF. If you are to be up in front of a civilian Judge, a serving officer of the DF can accompany you in court and vouch for your character, good or bad. They are also there to relay back the info...i.e if you get a fine shich exceeds the maximum allowed by military law.

    As a serving member of the DF, you know you are bound by military and civilian law. What happens in civvy life can effect your military career.

    If you are likely to have a court date, AGS or the courts service may write to DFHQ to make sure you are free to attend that date...i.e you are not on domestic or overseas duty.

    If its minor, chance it all you like. If you are even 50/50 about it, either inform PSS for advice or inform your CS.


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    #14
    mikeym
    Registered Users Posts: 3,985 ✭✭✭mikeym


    Can a Soldier/Sailor/Airman get into trouble if they dont notify their Commanding Officer about an upcoming court appearance?


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    #15
    Barry Badrinath
    Closed Accounts Posts: 5,460 ✭✭✭Barry Badrinath


    mikeym wrote: »
    Can a Soldier/Sailor/Airman get into trouble if they dont notify their Commanding Officer about an upcoming court appearance?

    It depends on the reason and the outcome.


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    #16
    SSr0
    Registered Users Posts: 299 ✭✭SSr0


    Senor Fancy Pants wrote: »
    It depends on the reason and the outcome.

    ..i.e. if it's a criminal or civil case being the deciding factor.


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    #17
    Barry Badrinath
    Closed Accounts Posts: 5,460 ✭✭✭Barry Badrinath


    SSr0 wrote: »
    ..i.e. if it's a criminal or civil case being the deciding factor.

    Yes but the main factor would be the potential or likely outcome of the case.

    If it impinges on the soldiers ability to carry out his job (time behind bars or community service) OR if a fine of a significant magnatude exceeds the DF allowances (whatever that may be nowadays.....if still in force).

    Im not an MP or part of Legal Branch but its common sense.

    If its minor and wont affect your DF life, then its at your discretion, the DF dont need to know.

    If you could be locked up, banned from driving, have to hand in your passport, required to present at a AGS station periodically or have any type of GBH/ABH or any assault charges against you....the DF will want to know.


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    #18
    arybvtcw0eolkf
    Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    mikeym wrote: »
    Can a Soldier/Sailor/Airman get into trouble if they dont notify their Commanding Officer about an upcoming court appearance?

    Well if I was going to court to be compensated for an injury, that's a civil matter and nothing to do with the DF.

    If it was a criminal matter I'd imagine the DF would take a very dim view of the soldier not informing his CO.

    In reality I've no idea as I've never been in trouble with AGS and can't see any reason in the world why I'd ever be so I've never had cause to question it.


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    #19
    sean2591
    Registered Users Posts: 45 ✭sean2591


    Thanks for the advice. decided that I will let them know tomorrow and hope for the best.

    Haven't been in trouble since joining the Army but have a bit of a record from before. That almost stopped me from getting in so i don't think it's going to go well. I don't know how court is going to go and I could well be looking at more than a fine.

    Even if I just get a fine I didn't know that there was a limit on how much the fine could be with the Army.


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    #20
    Kat1170
    Registered Users Posts: 3,601 ✭✭✭Kat1170


    bring money for the court poor box and hope that the judge leaves it at that. Any custodial sentence, even 24 hours, and I'm afraid you are history.


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    #21
    enfield
    Registered Users Posts: 1,109 ✭✭✭enfield


    In ye olden days, when I were on the border, if a lad got into a fight etc in civvy street he reported himself directly to the PA's he was charged by them and received CB or whatever. The Gardai could not charge him as he had already been punished for it and as such it would not be on his civvy record.


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    #22
    arybvtcw0eolkf
    Closed Accounts Posts: 24,878 ✭✭✭✭arybvtcw0eolkf


    sean2591 wrote: »
    Haven't been in trouble since joining the Army but have a bit of a record from before. That almost stopped me from getting in so i don't think it's going to go well. I don't know how court is going to go and I could well be looking at more than a fine.
    .


    Sounds like you'd wanna grow up and cop yourself on tbh.


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    #23
    Whitewater-AGS
    Registered Users Posts: 315 ✭✭Whitewater-AGS


    Technically the arresting Garda should forward a report through his district officer to the commanding officer of the unit your attached to. Doesn't always happen mind you.


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    #24
    sean2591
    Registered Users Posts: 45 ✭sean2591


    I told all on Monday. Not a good few days since but at least that part is done. Got time off for court and ave got a solicitor and will also have an Officer coming to court on the day.
    Joshua Wide Backspace wrote: »
    Sounds like you'd wanna grow up and cop yourself on tbh.

    I know that and know how stupid i was. Believe me I've been "told" that so much in the last few days. Also got taken off a course I was meant to be doing.
    Kat1170 wrote: »
    bring money for the court poor box and hope that the judge leaves it at that. Any custodial sentence, even 24 hours, and I'm afraid you are history.

    Yes was told that. Just hoping fot the best now. Am hoping the fact that I am in the Army and what could happen might make a difference.
    Whitewater-AGS wrote: »
    Technically the arresting Garda should forward a report through his district officer to the commanding officer of the unit your attached to. Doesn't always happen mind you.

    I am guessing he didn't or else it is still in the post but better me telling them. the Guards were pretty decent once I was back at the station and things had calmed down. He even took me outside to the yard to have a smoke before going into the cell.


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    #25
    tayto lover
    Registered Users Posts: 51,652 ✭✭✭✭tayto lover


    Best of luck OP.
    I hope this is your last "mistake" and that you learn from it.
    Time to be a proper soldier.


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    #26
    bertsmom
    Registered Users Posts: 539 ✭✭✭bertsmom


    I have no idea about military matters or court proceedings but just to say the best of luck with it all, hope it all goes well for you and no point beating yourself up about it everyone fcuks up now and then all part of life's rich tapestry. You will be grand


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    #27
    Leo Demidov
    Registered Users Posts: 991 ✭✭✭Leo Demidov


    Well "Sean", how did you get on?


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    #28
    sean2591
    Registered Users Posts: 45 ✭sean2591


    wexfjord wrote: »
    Well "Sean", how did you get on?

    Still in court - getting sentenced in September. It got sent to Circuit Court, its almost a year since it happened now and has been hanging over me since. Had a chance to save up a bit for compensation.
    -


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