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Arrest
When gardaí or police suspect that you have done something illegal.
Article by : SpunOut.ie
Being arrested doesn't mean you've committed a crime, it means that the Gardaí or police SUSPECT that you have done something illegal. They cannot arrest you if they don't suspect you but think you might be able to help with an investigation.
If you are arrested:
- Try to stay calm!
- Be polite. You are only making matters worse if you're rude, panic or lose your temper.
- Don't lie about your name or address, it will be checked out at the station.
- Remember that if you're arrested, especially for something small then it's not the end of the world. A caution or small fine isn't going to make you public enemy number one.
- You should be told that you are under arrest and asked to accompany the garda or police officer.
- Don't try to resist being arrested or escape from them. You could be charged later with obstruction of justice or for assault. If you think your arrest wasn't legal then tell your solicitor and you can make an official complaint later or sue for false imprisonment or arrest.
- You have the right to know why you were arrested (right away) and to let someone know that you've been arrested. If you are unsure of your rights or think you might be in serious trouble ask for legal advice.
- You can also talk to a solicitor in private, see your rights in writing and speak to the custody officer.
- You're not obliged to say anything when arrested except in some cases such as offences against the state or road traffic acts.
- You can be arrested to be charged and brought to a court (or released on bail) or you can be arrested to be detained (held) and questioned (for different lengths of time depending on the charge).
Types of arrest
You can be arrested and brought to the station to be charged with a crime.
- This means that you must be told why you’re being arrested right away.
- At the station, details of the crime you’re charged with will be put onto a ‘charge sheet’. You must be given a copy of this.
You can also be arrested and detained (held) for questioning.
- The most common section for detention allows you to be held for up to 20 hours in the station but this can be shorter or longer depending on the charge. (For example you can be held for up to seven days for serious drug related crimes).
- During question there should be no more than two people asking the questions and no more than four police or Gardaí in the room at the same time.
- Questioning shouldn’t continue for more than four hours without a break.
- You can’t have a solicitor with you during questioning but if you need legal advice, you can ask for the questioning to stop until you talk to your solicitor.
In the station
- If you are under 17 you shouldn't be questioned without a parent in the room. Ask to phone a solicitor once you arrive at the station. If you don't know one, ask the Garda or Police to call one for you.You can also have your carer or social care worker with you.
- If you are ill or injured, insist on seeing a doctor right away. Also let them know if you have to take medication or have any health problem that might get worse with questioning.
- If you need something to eat or drink, ask for it.
- Force should only be used to make an arrest if it's absolutely necessary.
- When you're brought to the station, you should be given a copy of a charge sheet.
- The charge sheet has details of the offence, when and where you are due in court and details about bail.
- If you are not charged, you might be given a formal caution. This is a serious warning that means if you are arrested again you'll probably go to court.
- They can search you after arrest and take anything that they think is connected to the crime.
- You might be photographed, measured and fingerprinted while you're in the station.
- Don't sign any statement without legal advice.
- After you've been charged and cautioned they must release you on bail or bring you directly to a court. (It's important to remember that if you're arrested on a Friday evening or weekend, it might be Monday before you go to court).
- Remember to ask for bail as you might not be told that it is an option.
The Garda Ombudsman
The Garda Ombudsman is an organisation that deals with complaints made by members of the public concerning the actions and behaviours of members of the Garda Síochána. The Obudsman aims to provide the public with an independent supervision of the Gardai, and to deal with the public’s complaints concerning Gardaí in an efficient and timely manner.
Phone: LoCall 1890 600 800
Web: www.gardaombudsman.ie/
Email: info@gsoc.ie
