{"id":26922,"date":"2023-09-07T21:28:17","date_gmt":"2023-09-07T21:28:17","guid":{"rendered":"https:\/\/legalblog.ie\/?p=26922"},"modified":"2024-01-15T21:52:59","modified_gmt":"2024-01-15T21:52:59","slug":"police-background","status":"publish","type":"post","link":"https:\/\/legalblog.ie\/police-background\/","title":{"rendered":"Constables at Common Law"},"content":{"rendered":"<div id=\"ez-toc-container\" class=\"ez-toc-v2_0_63 counter-hierarchy ez-toc-counter ez-toc-grey ez-toc-container-direction\">\n<div class=\"ez-toc-title-container\">\n<p class=\"ez-toc-title \" >Table of Contents<\/p>\n<span class=\"ez-toc-title-toggle\"><a href=\"#\" class=\"ez-toc-pull-right ez-toc-btn ez-toc-btn-xs ez-toc-btn-default ez-toc-toggle\" aria-label=\"Toggle Table of Content\"><span class=\"ez-toc-js-icon-con\"><span class=\"\"><span class=\"eztoc-hide\" style=\"display:none;\">Toggle<\/span><span class=\"ez-toc-icon-toggle-span\"><svg style=\"fill: #999;color:#999\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" class=\"list-377408\" width=\"20px\" height=\"20px\" viewBox=\"0 0 24 24\" fill=\"none\"><path d=\"M6 6H4v2h2V6zm14 0H8v2h12V6zM4 11h2v2H4v-2zm16 0H8v2h12v-2zM4 16h2v2H4v-2zm16 0H8v2h12v-2z\" fill=\"currentColor\"><\/path><\/svg><svg style=\"fill: #999;color:#999\" class=\"arrow-unsorted-368013\" xmlns=\"http:\/\/www.w3.org\/2000\/svg\" width=\"10px\" height=\"10px\" viewBox=\"0 0 24 24\" version=\"1.2\" baseProfile=\"tiny\"><path d=\"M18.2 9.3l-6.2-6.3-6.2 6.3c-.2.2-.3.4-.3.7s.1.5.3.7c.2.2.4.3.7.3h11c.3 0 .5-.1.7-.3.2-.2.3-.5.3-.7s-.1-.5-.3-.7zM5.8 14.7l6.2 6.3 6.2-6.3c.2-.2.3-.5.3-.7s-.1-.5-.3-.7c-.2-.2-.4-.3-.7-.3h-11c-.3 0-.5.1-.7.3-.2.2-.3.5-.3.7s.1.5.3.7z\"\/><\/svg><\/span><\/span><\/span><\/a><\/span><\/div>\n<nav><ul class='ez-toc-list ez-toc-list-level-1 ' ><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-1\" href=\"https:\/\/legalblog.ie\/police-background\/#Anglo-Saxon_Background\" title=\"Anglo-Saxon Background\">Anglo-Saxon Background<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-2\" href=\"https:\/\/legalblog.ie\/police-background\/#Powers\" title=\"Powers\">Powers<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-3\" href=\"https:\/\/legalblog.ie\/police-background\/#Later_Development\" title=\"Later Development\">Later Development<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-4\" href=\"https:\/\/legalblog.ie\/police-background\/#Modern_Constabulary\" title=\"Modern Constabulary\">Modern Constabulary<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-5\" href=\"https:\/\/legalblog.ie\/police-background\/#An_Garda_Siochana\" title=\"An Garda Siochana\">An Garda Siochana<\/a><\/li><li class='ez-toc-page-1 ez-toc-heading-level-3'><a class=\"ez-toc-link ez-toc-heading-6\" href=\"https:\/\/legalblog.ie\/police-background\/#Status_of_Garda_at_Common_Law\" title=\"Status of Garda at Common Law\">Status of Garda at Common Law<\/a><\/li><\/ul><\/nav><\/div>\n<h3><span class=\"ez-toc-section\" id=\"Anglo-Saxon_Background\"><\/span>Anglo-Saxon Background<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The private constable developed from the tithing-man which was part of the Anglo-Saxons&#8217; system of policing.\u00a0 Under the the laws of Canute, every free man over the age of 12 had to be a member of a tithing.<\/p>\n<p>If a member of the tithing committed a crime, the others had to produce him to court and pay the fine incurred if the individual could not pay it. The tithing was subject to a fine and forfeiture if the guilty man was not produced.\u00a0 The tithing enjoyed customary powers to ensure its ability to undertake these policing functions.<\/p>\n<p>Each tithing elected one member as a head man to represent it at the local assemblies, including courts which conducted both judicial and administrative business.\u00a0 The tithing-man had certain customary powers and privileges.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Powers\"><\/span>Powers<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>He could prevent or terminate breaches of peace.\u00a0 He could demand sureties from persons breaching the peace. He could confine persons in the stocks until the surety was for common staff.\u00a0 He could take steps against suspected wrongdoers on the basis of reports of a credible person.\u00a0 If could take surety from suspects and wrongdoers. He had immunity from liability for injury or killing a person who resisted his authority.\u00a0 He could call out the tithing to pursue the wrongdoers.<\/p>\n<p>The powers of the tithing men derived from custom.\u00a0 He discharged functions which were customarily vested in the community. These functions derived from common law rather than from statutes.\u00a0 He acquired authority from the community.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Later_Development\"><\/span>Later Development<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Historically, constables were royal military officials in Norman times. \u00a0By the 13th century, ordinances for the preservation of the peace provided for the appointment of constables in each village, and a chief constable in every hundred (historical local government areas.) Men sworn to arms \u00a0were obliged to assemble before the chief constable as required and follow his directions to take necessary measures to preserve the peace.<\/p>\n<p>Each chief constable was subject to the authority of the sheriff and knights appointed for peacekeeping purposes. \u00a0This mid-13th century legislation recognised constables who had been in existence since the earlier Norman times (1066-1154) in England.<\/p>\n<p>In the 14th century, the justice of the peace replaced the sheriff in relation to much local administration. \u00a0The constable came to be a ministerial officer of the crown and gradually replaced the tithing-man in peacekeeping duties. \u00a0The tithing-man doubled as constable in many places until the 16th century in England.<\/p>\n<p>Legislation confers the status of a constable or peace officer and a person it attracts the common law privileges powers and duties.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Modern_Constabulary\"><\/span>Modern Constabulary<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Constabulary (Ireland) \u00a0Act 1836 provided that the Irish constabulary, provided that the constables and sub-constables were to have the powers, privileges, duties and responsibilities conferred by common law or statute. The Irish constabulary became known as the Royal Irish Constabulary.<\/p>\n<p>The Inspector General of the Royal Irish Constabulary was charged with the general direction of superintendence of the force. \u00a0He had powers to make rules for the general government of the force, subject to the consent of the Lord Lieutenant.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"An_Garda_Siochana\"><\/span>An Garda Siochana<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>The Police Forces Amalgamation Act 1925 provides that all pre-independence references to the Royal Irish Constabulary in statute are to be interpreted as references to the Garda Siochana and references to the ranks of the inspector, inspector or sergeants and constable, or other officer or men are to be taken as reference to the superintendent, inspector, sergeants, garda or other officers or men of equivalent rank.<\/p>\n<p>Although the legislation does not specifically refer to the common law office of constable, it \u00a0created an office which was intended to be the equivalent of the predecessor. Officers are appointed by the Commissioner\u00a0 rather than employed. It is a role rather than just\u00a0 an employment relationship They hold an office equivalent to that of constable. All powers and functions of the role are determined by legislation, rather than by a contract of employment.<\/p>\n<p>The Garda Siochana is established as a force of police. \u00a0The Garda Siochana itself is not a corporate entity. \u00a0It is a body of officers under the general control of the (Garda) Commissioner.<\/p>\n<h3><span class=\"ez-toc-section\" id=\"Status_of_Garda_at_Common_Law\"><\/span>Status of Garda at Common Law<span class=\"ez-toc-section-end\"><\/span><\/h3>\n<p>Technically, all members of an Garda Siochana are peace officers, apart from their rank. Certain privileges, rights and responsibilities attached to the common law office of peace officer.<\/p>\n<p>In English practice, a constable police officer was not an employee. \u00a0His superiors are not, vicariously responsible for his actions. \u00a0The principle is that the police officer exercises an original authority which is not one delegated by his superiors. \u00a0They are set forth in statute and in common law. \u00a0Their office has a function which owes duties to the State as a whole.<\/p>\n<p>The constable in common law is independent in the exercise of his functions. Although independent in the exercise of his functions, a member of an Garda Siochana is of course subject to the authority of his superiors, provided they are lawful orders. Nonetheless, \u00a0he retains authority regarding the exercise of his law enforcement powers. \u00a0In many cases, he must exercise powers independently, by statute or at common law.<\/p>\n<!--themify_builder_content-->\n<div id=\"themify_builder_content-26922\" data-postid=\"26922\" class=\"themify_builder_content themify_builder_content-26922 themify_builder tf_clear\">\n    <\/div>\n<!--\/themify_builder_content-->\n","protected":false},"excerpt":{"rendered":"<p>Anglo-Saxon Background The private constable developed from the tithing-man which was part of the Anglo-Saxons&#8217; system of policing.\u00a0 Under the the laws of Canute, every free man over the age of 12 had to be a member of a tithing. If a member of the tithing committed a crime, the others had to produce him [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"categories":[146],"tags":[],"_links":{"self":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26922"}],"collection":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/comments?post=26922"}],"version-history":[{"count":6,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26922\/revisions"}],"predecessor-version":[{"id":30706,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/posts\/26922\/revisions\/30706"}],"wp:attachment":[{"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/media?parent=26922"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/categories?post=26922"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/legalblog.ie\/wp-json\/wp\/v2\/tags?post=26922"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}