Criminal Justice (Surveillance) Act 2009 The main purpose of the Act is to buttress the work of the Garda Siochana, the Defence Forces and the Revenue Commissioners in the prevention and detection of serious crime and in safeguarding the security of the State against subversion and terrorism. In regulating this area by law, the Act ensures that any possible legal obstacles to the admissibility of […]
Background The Criminal Justice (Mutual Assistance) Act 2015 amends the Criminal Justice (Mutual Assistance) Act 2008 to give effect to the following international instruments which have been ratified by the Oireachtas and which provide for mutual legal assistance with other EU member states: • Council Framework Decision 2005/214/JHA on mutual recognition of financial penalties. This instrument establishes the rules under which a Member State recognises […]
Overview The purpose of the Criminal Records (Exchange of Information) Act 2019.Act is to provide for the exchange of criminal record information between Ireland and other EU Member States. The Act will transpose Framework Decision 2009/315/JHA on the organisation and content of the exchange of information extracted from the criminal record between Member States and Council Decision 2009/316/JHA on the establishment of the European Criminal […]
Designation The Gardaí are permitted to designate a place as a crime scene. Where a member of an Garda Síochána is in a public place (or another person where he or she is authorised), and he or she has reasonable grounds for believing arrestable offence has, is being, or may have been committed and that there may be evidence relating to the offence at the […]
Arrest for Questioning Historically, persons were arrested solely for the purpose of being brought before the Court. The Offences against the State legislation provided for arrest for the purpose of questioning. The Criminal Justice Act 1984 made more general provision for arrest for the purpose of questioning. A range of constitutional rights arises in the context of custody of persons ( who are presumed innocent) […]
The Criminal Justice (Joint Investigation Teams) Act 2004 gives effect to an EU Council Framework on joint investigation team. They may be set up for limited purposes or specific purposes in order to carry out criminal investigations with a cross-border element. There is provision for a state to request the establishment of a joint investigation team. The Irish authority is the Commissioner of an Garda […]
Garda Application An application may be made to the District Court by a member of Garda Siochana for orders requiring the production of documents or the provision of information for the purpose of the investigation of a relevant offence. The Garda may apply for an order in relation to making available documents or the provision of information by answering questions or making a statement or […]
Fair Procedures and Voluntary Confession There must be fundamental fairness in the procedures in the criminal investigation. The right to silence or privilege against self-incrimination means that a person is not generally obliged to answer a question that may be an admission of guilt of an offence. Even in court procedures, a witness may usually refuse to answer a question on the basis that the answer […]
Order for Documents Criminal Justice Act 2011 relates to a range of offences under banking, regulatory and investment legislation, company legislation, money laundering and terrorist offences, theft and fraud offences, various types of fraud, bribery and corruption, consumer offences and criminal damage to property offences. For the purpose of investigating a relevant offence, a member of an Garda Siochana may apply to the District Court […]
Right to Silence In a criminal case, the accused cannot be forced to testify. The prosecution may not comment on his failure to testify. The judge may do so, but subject to limitations and constraints. The accused cannot be compelled to say anything prior to his trial. Generally, inferences may not be drawn from the failure to answer questions or tell his story prior to […]
Common Law Powers Members of an Garda Síochána have powers and duties of the common law to investigate crime. They are obliged to keep the peace, prevent crime and protect persons and property from injury. A member of an Garda Síochána is entitled to approach members of the public and communicate with them. He need not have any particular suspicion or justification. Statutory Search Powers […]
Nature of Arrest An arrest means restraint or apprehension coupled with communication that the person has been arrested. The person must be informed clearly of the grounds of arrest unless it is apparent from the circumstances. Legislation provides numerous powers of arrest without warrant, generally reserved to members of an Garda Síochána only. There is a general power of arrest in respect of more serious […]
Member in Charge & Records The member in charge of the Garda station is responsible for overseeing the custody applications regulation. If due to the number of persons detained, he is unable to discharge the functions adequately, he may delegate them to another member. A full custody record must be kept. Entries must be signed and initialled by the persons making them. Where a person […]
Background The older general provision for arrest for the purpose of questioning was the Offences against the State Act, 1939. Although commonly used, it was only legitimately used in respect of scheduled terrorist type offences. It allowed questioning for up to 24 hours which could be extended. The notorious Emergency Powers Act 1976, the controversy over which caused the President to resign, permitted persons to […]
Garda Enquiries and Powers Gardai have powers to make reasonable enquiries of members of the public. However, in order to stop persons and ask questions, it is necessary that there is statutory authority. There exists a wide variety of legislation which allows Gardai to stop, ask questions, and search. Generally, there must be a reasonable suspicion of, for example, possession of stolen property, possession of […]
Garda Powers A member of an Garda Síochána may require a person’s name and address and an account of movements if he has reasonable grounds for believing that a scheduled offence has been committed and has grounds for believing a person whom he finds at or near the place or time of commission or afterwards, knew or knows of its commission. A member of the […]