If it comes before the Dail prior to the summer recess, which appears very likely, then it will pass very quickly as there doesn`t seem to be any objections and will then go to the Seanad where it looks as if the same is true. from there it will go to the President to be signed into law.
If Fitzgerald bring this before the dail prior to the summer recess, it will be law within a week more or less.
In that scenario of your re Minister for Justice under the new law you would be charge under section (4) and would be liable on summary conviction to a class E fine for a first offence. As to S and M, most likely the same as under this new law you would be charged with the purchase of sexual favours, penetration or not wouldn`t matter in that context.
You're mixing up elements of the laws here, reasonable belief is only relevant in so much as if you are stopped and you refuse to answer questions the gardai can only insist on an answer /take you to the station if he has reasonable grounds to believe you were with a prostitute, ive set out earlier why in my opinion that is near impossible for the gardai if you stick to a pre rehearsed script of answers.
Follow up prosecution and potental guilty finding would absolutely depend on evidence, the opinion of the garda would be irrelevant and would have no standing in such a case
Ah now, ye are really getting carried away, this is known as extraterritorial jurisdiction and this law doesnt have any relevance to it at all, it also must be agreed in a legal framework between both countries specifically identifying the charge.
If you are reffering to chargeing people when they come home France and mexico i beliieve are the only two countries that have tried their citizens at home for crimes abraod both serious murder charges at massive expense requiring witnesses to attend voluntarily
Ignoring the international nonsense of terrorism and spying charges that america and russia and othes have taken part in
Last edited by xcitedcork; 20-03-15 at 17:24.
That is very dodgy advice imo.
If you refuse to answer, a garda will almost certainly take you to the station where you would be questioned further and unless you can give a verifable reason fas to why you were at the address tha garda saw you leaving from, then under the new proposed law the garda will have reasonable grounds to charge you.
After that you will be up in front of a judge charged with a class E offence, and I cannot see the dent deny defence working there.
People really need to look at this new proposed law as is, not as they believe or wishfully hope it is.
Alyssa Jenkins (20-03-15), oscarmilde (20-03-15), simon2280 (20-03-15)
Have you read back your last sentence, i wish you would follow your own advice.
No matter how many times you state something it will not make it a fact.
The new law DOES NOT INCLUDE ANYTHING ON GARDAI BEING ABLE TO CHARGE YOU ON REASONABLE GROUNDS sorry to use caps but you keep stating it.
I have stated a number of times that it is advisable to answer any questions with a pre rehearsed list of answers.
I have laid out a number of legal facts that you wish to ignore and instead push your agenda which appears to be to scare as many people as possible.
Some facts which if you wish to debate are
1. Under irish law gardai have to disprove any information provided, the individual does not have to prove any given information.
2. The question of reasonable grounds only comes into play with regard a garda stopping someone and asking for details, a garda must have reasonable grounds that you have commited a crime which can be challanged a number of ways.
3.this new law insert does not in any way remove the need for gardai to be able to provide evidence of such a crime took place for a conviction of even a fine to be upheld
4. The sexual offences bill does not allow for a garda view belief or opinion to be given in replacement of evidence which would be required.(purcase of sexual services, it does allow for certain statements to be entered as fact under the child grooming etc sections)
Last edited by xcitedcork; 21-03-15 at 02:28.