Protect Yourself, Know Your Rights!

KNOW YOUR RIGHTS!

 There is a fine line between a Cop and a Criminal, many times the cop is more dangerous, and abuse his power to get away with crimes, while setting up innocent people. 

Protect yourself and your loved ones, KNOW YOUR RIGHTS!

chrome-extension://efaidnbmnnnibpcajpcglclefindmkaj/https://www.iccl.ie/wp-content/uploads/2020/01/Know-Your-Rights-Protest.pdf

Criminal Justice & Garda Powers

2ND EDITION

https://www.adobe.com/acrobat/online/pdf-to-word.html?x_api_client_id=chrome_extension&x_api_client_location=trefoil:verb-pdf-to-word&mv=other&mv2=chrome_extension:trefoil&trackingid=WPHDJ7WG

KEY WORDS-GENERAL INFORMATION

ADVOCACY

Pleading or arguing in favour of something.

ARRESTABLE OFFENCE

An offence with a penalty of at least five years’ imprisonment if you haven’t been convicted of an offence before.

BARRISTER

Specialist in litigation and advocacy. Usually barristers are instructed by a solicitor rather than the person taking the case.

CHIEF SUPERINTENDENT

High-ranking Garda, of a higher rank than a Superintendent.

CORROBORATE

To back up or support something with evidence.

CUSTODY

Being held by the Gardaí.

DATA PROTECTION

The way in which the privacy of your personal information is protected under the law, namely under the Data Protection Acts 1988-2003.

DNA

DNA is an acronym for deoxyribonucleic acid and it is a chemical found in every cell in the human body. DNA is unique to each individual, except for twins, and holds complex information about a person’s family relationships and body.

EUROPEAN CONVENTION ON HUMAN RIGHTS (ECHR)

Also known as the Convention for the Protection of Human Rights and Fundamental Freedoms,

an agreement adopted by the Council of Europe in 1950 that contains various rights such as the right to a fair trial, the right to privacy and the right to freedom of expression and association. Ireland gave further effect to the ECHR in

Irish law through the European Convention on Human Rights Act 2003.

IN POSSESSION OF

Owning, carrying, storing or otherwise being responsible for, or having control over, something. The term is used often in connection with stolen goods, firearms and controlled drugs.

LEGISLATION

Law which is made by the TDs and Senators of the Oireachtas.

LITIGATION

Taking legal action to resolve a dispute before a court.

MEMBER IN CHARGE

Usually the Sergeant working in the custody area of a Garda station.

OFFENCES AGAINST THE STATE ACTS

This legislation set up the Special Criminal Court and deals with unlawful organisations, terrorist activities and firearms offences.

PEACE COMMISSIONER

These commissioners are appointed by the Minister for Justice, Equality and Law Reform and have various legal functions.

PERSONAL DATA

Any information that can identify you on its own or with other information, including, for example, written information and images.

SEARCH WARRANT

This allows Gardaí to search a person or place to get evidence that will be used in prosecuting someone for a criminal offence.

SOLICITOR

Lawyer who deals with the person taking the case. A solicitor advises people before they are arrested and charged. Often, a solicitor is the only lawyer that you need.

STATEMENT UNDER OATH

A statement carrying the same legal weight as one which is made in court under oath.

SUMMONS

A notice ordering someone to appear in court.

SUPERINTENDENT

Senior Garda, of a lower rank than a Chief Superintendent.

WARRANT

Court order allowing the Gardaí to perform certain acts such as search or arrest.

The State gets its power from the People of Ireland through the Constitution of Ireland (Bunreacht na hÉireann). The Constitution sets out some of the rights of people who live in Ireland. We also have rights under the European Convention on Human Rights (ECHR). All

agents of the State, including An Garda Síochána, must act in line with the Constitution and the ECHR. The Constitution is interpreted by the courts and is supplemented by more detailed laws, which must also be in line with the Constitution. The law must also follow the ECHR and the decisions of the European Court of Human Rights.

Gardaí must act according to court rulings and legislation, otherwise they may be acting unlawfully.

If you have any doubts about the way you have been treated by the Gardaí, or whether a Garda acted lawfully in carrying out his or her duties or interfered with any of your rights, you should contact a solicitor. At the end of this pack you will find a list of organisations that may be able to help you.

Statement of the law as of June 2014

BEING STOPPED BY A GARDA PERSONAL SEARCH

When can a Garda stop me?

A Garda can ask you to stop at any time. In some circumstances, the Gardaí can require you to stop if, for example:

⦁ he or she suspects that you are committing an offence under the Offences Against the State Acts; or

⦁ you are driving a vehicle and, for example, he or she wishes to check its tax and insurance details.

A Garda could also have the power to stop you in other situations.

Should Gardaí identify themselves?

Sometimes, for example if a Garda is not in uniform and is stopping or searching you under the Offences Against the State Act, he or she has to show you an identification card if you ask him or her.

Can a Garda demand to see my driving licence?

Yes. A Garda can demand you to show your driving licence. It is an offence to drive a car without having in your possession your valid driving licence. If you refuse or fail to show your driving licence you may be asked to attend the Garda station within 10 days with your driving licence. If you still refuse or fail to show your driving licence you could be convicted of a criminal offence.

Should I provide my name and address?

If you do not give your name, address and date of birth, a Garda may require you to provide a name and address. For example, if a Garda suspects that you have committed a road traffic offence or a public order offence, the Garda can demand your name and address. If you refuse to give your name and address, or one which a Garda thinks is false, you could be arrested. (If this happens, you could be convicted of a criminal offence.)

Do I have to go to the Garda station if a Garda asks me to?

You do not have to go to a Garda station just because a Garda asks you. But, in many circumstances, a Garda may have the power to arrest you and bring you to the Garda station.

When can a Garda search me?

If a Garda has a reasonable suspicion that you have committed an offence, he or she has various powers that allow him or her to search you without your consent and before you have actually been arrested.

For example if:

⦁ a Garda reasonably suspects that you are in possession of a controlled drug;

⦁ a Garda reasonably suspects that you have committed an offence under the Offences Against the State Acts;

⦁ a Garda reasonably suspects that you are in possession of stolen property;

⦁ you are in a place where other people have gathered and a Garda suspects that a breach of the peace could occur and

suspects that some of the people gathered could be in possession of a knife;

⦁ you are in a place that has been designated a restricted area by a Superintendent under the Public Order Act and a Garda suspects

that you have alcohol, a disposable container (such as a crate or a bottle) or an article that could be used to injure someone.

These are common examples of the powers of search of the Gardaí. A Garda can also lawfully search you in other situations.

Can a Garda search me if I am under the age of 18?

Yes. Gardaí are entitled to search people under the age of 18 if they have any of the reasonable suspicions described above.

Can I be strip-searched?

A strip search involves the removal of all clothing, including underwear. You can be strip searched, but this depends on the particular power of search that the Garda is using. Where possible, a doctor should carry out a strip search in a Garda station.

A strip search should only be carried out if it is necessary. It should not be carried out in a way that would be harassment.

Should a Garda tell me why I am being searched?

The Garda should tell you why you are being searched and under what law. A Garda should tell you the reason for the search in simple language.