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Stopped by Gardaí or Police

Know your rights when stopped or searched.

Article by : SpunOut.ie
  • Know your rights and stay calm if you're stopped by the Gardaí or Police. Also, be polite. You're only making matters worse if you are rude, panic or lose your temper. Ask why they've stopped you or why they want to search you.

 

  • If they cannot quote a law or act that you are suspected to be in violation of, then legally a garda cannot stop you.

 

  • Remember that you have the right to free movement and passage, personal privacy and bodily integrity and the right to protest. So a garda cannot legally prevent you from exercising these rights. If you are aggressive at a protest for example however, this is a different matter altogether. So, be mindful of your rights, but respectful of others rights too.

 

  • Ask to see the identification (or identity number) of the person searching or arresting you. You have a legal right to know this and it can help prevent harassment.

 

  • Check that the garda is wearing their full uniform and/or can produce valid photo ID. If not, then you don’t have any legal obligation to talk to them.

 

  • The Criminal Justice (Public Order) Act 1994, section 24, entitles a garda to ask for your name and address if they have reasonable grounds to suspect you have committed a crime. If you refuse to co-operate with this, you may be arrested.

 

  • Gardaí must communicate in simple and easy to understand language. They are not supposed to use legal jargon that confuses you. If you don’t understand what they are saying, ask them to clarify it.

 

  • If you're asked to go to the station, you should ask if you're being arrested. Legally, you don't have to go with the Gardaí or police to ‘help them with their enquiries' or for questioning if you aren't being arrested. 

 

  • If you go to the station without being arrested, then you're entitled to leave at any time.

 

  • They can arrest you if they think you have committed an offence.

 

  • If you're told that you are being arrested, ask what the offence was. 

 

  • If you are arrested, legally all you need to tell the Gardaí is your name and address. You are not legally required to give them any more information.

 

  • 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).


Further Information

Arrest

Your Rights - Indymedia

Your Rights - Dublin Shell to Sea

Your Rights - www.wearechange.ie

 

 

 


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