Your rights and the Gardaí
Your rights when stopped, when arrested, when searched and when detained.
All people in Ireland have certain rights when it comes to contact with the Gardaí. These rights apply to all people, young or old; however young people and certain other groups may have additional or slightly different rights.
Your rights when stopped by the Gardai.
A member of the Gardaí can ask any member of the public to stop at any time.
You may be legally bound to stop if the Garda believes that you have committed an offence/are committing an offence under the Offences Against the State Acts or if the Garda wishes to check the tax and insurance on your car.
If the Garda is not wearing their uniform, they must show you identification if you ask them.
You may need to give your name and address. If you refuse to do so, you could be arrested.
If the Garda asks you to go to the station with them, you should ask if you are under arrest. If you are under arrest, you must go with them. Fighting it will only add another charge to your case, such as resisting arrest. If you are not under arrest, you do not have to go to the station.
The Gardaí have the right to take you into custody if they believe that you are suffering with mental ill health and could harm yourself or others as a result.
Your rights when placed under arrest
In Ireland, a Garda does not need an arrest warrant to arrest you in many circumstances, such as: an offence under the Road Traffic Acts, an offence under the Public Order Act or if you seem to be committing a serious offence.
The Gardaí can enter your home to arrest you for an offence with a penalty of at least five years in prison.
In order to be arrested, the Gardaí must have a reasonable suspicion (this is a specific legal term) that you have broken the law. You can’t be arrested just because they believe you could help with another criminal investigation, unless the criminal investigation is to do with an offence under The Offences Against The State Act.
You have the right to be told very clearly that you are under arrest and the reason for your arrest.
As mentioned above, it is best not to resist arrest, even if you think you are being wrongfully arrested. Resisting arrest is a crime in itself.
Gardaí may use reasonable force to arrest you. However, if excessive force or physicality is used, the arresting Garda can be sued for assault. You can also take a case to the Garda Ombudsman.
You can be arrested a few times if the Gardaí wish to re-question you about a specific offence, if there have been recent developments in the investigation or if they wish to formally charge you.
If you are charged with a crime, it will be written down on a charge sheet. This sheet details the offences you have been charged with and a Garda will read it out to you.
You do not always have to be charged to be prosecuted by the Gardaí; you may instead receive a summons to court.
The length of time you can be held without being arrested depends on the alleged offence you are being questioned about.
Your rights when searched;
A Garda may search you if they have a reasonable suspicion that you have committed a crime. In such a case, you can be searched without your consent.
A member of the same sex must search you if the search consists of more than a pat down over your clothes. Often, a member of the same sex will perform a pat down though.
Customs officers have the legal right to search you. Some employers may also have the right to search you if it is written into your contract. However, security personnel never have the right to search you.
The Gardaí have the right to search your car or any car you are a passenger in if they have a reasonable suspicion that you have committed/are about to commit a certain crime or that you have drugs on you or in the car.
You can be searched at home, at work, on the street or in a Garda station.
A Garda generally needs a warrant to enter your home to search, but they can occasionally enter your home if they are chasing you and you have escaped to your house, or if they have come to arrest someone in your home.
A Garda must meet certain conditions when searching your home:
They must tell you why they are searching.
They are entitled to take any items that could be used for the case.
They cannot tell you to remain in a certain room or segment of the house unless you are under arrest.
The Gardaí are entitled to look at your computer and even take it away if necessary.
You cannot try to prevent the Gardaí from entering your home; doing so could cause you to be charged with a crime such as obstructing the course of justice.
Your rights at the Garda station
Your time in custody will be recorded on what is called a custody record. This details the reason for your arrest and the time at which you arrived, as well as your personal details. It should also include a record of solicitor or doctor visits and of any food you were given.
Every Garda station has a ’member in charge’. This person is responsible for ensuring that all procedures and laws are followed regarding your care. If there is an issue, you can ask to speak to them.
You have the right to speak to a solicitor immediately.
You also have the right to request medical attention and to get your regular prescriptions.
A member of your family must be told that you are being kept at the Garda Station. You may also be entitled to one visit from someone, as long as the Gardaí do not think it will interfere with the investigation.
You have the right to be served at least two light meals and one main meal during any 24-hour period of time.
You are entitled to sleep for eight hours between midnight and 8 a.m.; however this may not count towards your total detention time and you may be kept longer than if you hadn’t slept.
Originally Posted by Barney Rubble
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