Arresting words ?

AnnaStezia

Not a factual query - just a hypothetical !

If a garda arrests a person do they have to use a specific formula of words in the process of effecting the arrest ?

Overheal

Its not an incantation for conjuring a demon; You just have to be read your rights, but this doesn't necesarrily have to be done at the point of arrest (I think it was ammended due to under-the-influence crime)

Turner

You do not have to be read your rights.

Most Gardai will caution you, which means anything you say after they do thats can be written down and may be used in evidence at a later stage.

Once taken to a Garda station the gard in charge of your custody will read you your rights.

The_Minister

Are the Miranda rights (or whatever the Irish version is), not a set structure? Every tv programme that I've seen uses the exact formula (again, in America)

Dave!

Chief--- wrote:

You do not have to be read your rights.

Most Gardai will caution you, which means anything you say after they do thats can be written down and may be used in evidence at a later stage.

Once taken to a Garda station the gard in charge of your custody will read you your rights.

When a Garda cautions you, do they TELL you that anything you say can be used in evidence? And you say that most will caution you -- does that mean that some won't (and presumably don't have to) tell you that what you say can be used in evidence?

I'm also curious about the Miranda rights thing. It would seem unfair to not tell someone that what they say in the absense of a lawyer can be used against them (assuming that is the case). Not everyone's savvy about the law!

civdef

From: http://www.oasis.gov.ie/justice/pre_trial_issues/arrest.html

When a Garda arrests you, he or she will actually touch your body or otherwise restrain your liberty. If you are arrested on a criminal charge, you must be informed at the time you are arrested of the charge unless this is very clear (for example, if you are arrested while committing an offence).

After you have been charged, the Garda must caution you with the following words: "You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence."

When you are brought to the Garda station, details of the offence must be set out in a 'charge sheet'. A copy of the details must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. The Garda must keep a note of any reply you make.

iFight

Think they have to say them i nIrish if you want or they cant arrest you

seamus

iFight wrote:

Think they have to say them i nIrish if you want or they cant arrest you

Urban myth. If you insist, you can be taken down the station, and have your rights said to you in Irish by another Garda.

Dave!

iFight wrote:

Think they have to say them i nIrish if you want or they cant arrest you

I doubt that's the case... Surely you'd have to prove that you don't speak English or that you are even fluent in Irish in order for that to get the charges dropped.

civdef thanks for that link, that clears that up!