Wrongfully detained by Garda & Summons Received

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Best advice .... talk to a solicitor ....

and ... follow their advice.

(Jinx .... with Time!)
 
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Id go to the Ombudsmans for a start if I was you. Those 'independent' people there will look after you.
 
CashAdv said:
I know, but what should I do? Am I guilty of not giving my name right away?
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i don't think you are ob liged to give your name. go to the ombudman/get a good lawyer and get these scum bullies prosecuted for kidnapping. if you are not arrested you do not have to stay in the station. if you are you should be told why. [broken link removed]
it says you should give your name but my understanding is you do not have to unless you are given a reason
 
CashAdv said:
How about writing a nice letter to the Garda, apologising for not giving my name, etc?

Or get the thing stuck out some how?
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and admit you were wrong why would yopu apologise to bullies. i would write the commissioner too if i were you.
 
username123 said:
It wasnt the greatest idea!

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2. Request for name & address
If a Garda believes that you have committed an offence under the Public Order Act, he or she can ask for your name and address. .
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don't they also have to tell why and what the offence is they ask for your name and address.the iccl is not completely right there they are taking the garda side
 
Can you prove that you only had 4 pints. The barman and the taxi driver would be needed for this. I think a complaint of false arrest would do it. You can make life unconfortable for the gardai. But the downside of that is that they will be after you forever. Is that worth it?

I would just like to make one comment on your first post, I thought your story was over the top originally and that you were actually drunk. If you were not than what happened to you is really out of order. Gardai getting their kicks, they do like the power they have. If you're brave enough to stand up to that then fair play to you.

Having 4 pints is not going to be seen as being drunk. I was in the High Court once and the judge (a well known drinker) took umbridge at the opposing barrister when he outlined the amount of drink the plaintiff had taken (all day drinking) so you never know with judges.

Having said that, judges are on the sides of the gardai in general, recent case in Donegal where judge made comments to the contrary being a rare exception.

It's a terrible thing to say of the law that in a case where you are in the right and those who profess to be uphholders of the law abuse that position, then the law is of no use to one. But that would apply to lots of Irish society.
 
What was the big problem about giving your name - most gardai would ask someones name if they were suspicious of someone, you mightn't have thought you looked suspicious but the gardai involved obviously did.
 
Gardai are only allowed to ask you for your name and address if they believe you have done something wrong, so OP did not have to give his name and address. That is his right not to do so. Looking suspecious is not the same thing as a Gardai believing that someone has commited an offence.
 
So gardai have to believe that someone has committed an offence - he was hanging around on his own late at night - should they have just ignored him? They would probably be wrong to ignore that behaviour too - so they can't win in other words. We're all complaining about not enough gardai on the streets & when they are we complain again - get real
 
TLC said:
So gardai have to believe that someone has committed an offence - he was hanging around on his own late at night - should they have just ignored him? They would probably be wrong to ignore that behaviour too - so they can't win in other words. We're all complaining about not enough gardai on the streets & when they are we complain again - get real
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Are you not allowed hang around on your own at night? Most Gardaí are a joke. Purely in it for monetary gain. They know exactly who the culprits who commit most of the crimes are but they'll go after the easy targets along with speeding offences etc.
Please remember they are supposed to be guardians of the peace! And NOT Policy Enforcement Officers!
OP may have been smart with the Gardaí but so what? The Gardaí are a law unto themselves and frequently break their own laws!

As for courts: I heard a great one the other day! When you go into court you dont get Justice, You get Law!
 
redbhoy said:
Why is it that not many Gardaí live in the areas they work in? Is it because they love the commute?
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Or is it because they regularly get shift around to different stations, and they don't want to disrupt their families with every move?
 
Complainer said:
Or is it because they regularly get shift around to different stations, and they don't want to disrupt their families with every move?
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That indeed may be the case with some but in the majority I doubt that is the case.
 
I disagree strongly with that statement. Most Gardai, like most people generally, are honest and hard working.
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You can not compare gardai to 'honest and hard working' people. They are not representative of society because of the very fact that they are guards.

Gardai are not a representative sample because people who become guards have certain personality traits.
 
As this issue has been dealt with, I am closing the thread.

Please note that if someone abuses you in a post, report it.

Do not respond in kind.

Brendan
 
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