when do guards look for cautioned statements?

samslade

When do guards look for cautioned statements? What are the implications? I understand what they are (A caution that if the person does not give a statement that they will be arrested), but what circumstances do they give them in?

johnnyskeleton

Gardai will look for statements from everyone who could give them evidence in relation to a particular offence. This also includes the accused.

However, before taking a statement from the accused, they must caution him or her that whatever he / she says will be recorded and may be used in evidence (unlike in American TV it is not used in evidence against you, i.e. the statement can support your defence).

The implications of not giving a statement are that in certain circumstances your failure to answer certain questions can be used by the jury in court to draw inferences from them.

I'm not sure what you mean about the consequence of not giving a statement being that you will be arrested - if you are a witness to an offence they won't arrest you if you don't make a statement (they might try to get a subpoena but this would be rare), and if you are the suspect for an offence they will usually either:

1) have decided to charge you anyway, based on the evidence already compiled, in which case they should arrest you first then ask you to make a statement;

2) ask you to make a statement and during the course of which, or afterwards, they decide to charge you and they will at that stage arrest you; or

3) ask you to make a statement, and arising from that they decide not to charge you, in which case they will not arrest you.

samslade

I'm not sure what you mean about the consequence of not giving a statement being that you will be arrested

I was under the impression that being told to give a cautioned statement meant that they would arrest the person if they did not.

johnnyskeleton

samslade wrote: »

I was under the impression that being told to give a cautioned statement meant that they would arrest the person if they did not.

A statement is when you tell the gardai what happened in your own words. They can't compell you to make one.

The caution is that you are not obliged to say anything but if you do say anything it can be taken down and used in evidence.

Arrest is basically when they take you into the garda station, either for the purposes of a) bringing you to court, b) searching you, or c) detaining you for the further investigation of the offence.

Under c), the gardai will usually ask questions in an interview style, and / or try to get a statement from the person.

They have no power to arrest someone merely for refusing to make a statement. However, the gardai will often say that you can come in voluntarily and make a statement or else we will come and arrest you.

samslade

I was reading about statements online. I read that there are two kinds of statements: cautioned statements and witness statements, and that a cautioned statement is one where the person is suspected of a crime.

johnnyskeleton

samslade wrote: »

I was reading about statements online. I read that there are two kinds of statements: cautioned statements and witness statements, and that a cautioned statement is one where the person is suspected of a crime.

That's one way of putting it.

Gardai will look for statements from everyone who could give them evidence in relation to a particular offence. This also includes the accused.

However, before taking a statement from the accused, they must caution him or her that whatever he / she says will be recorded and may be used in evidence (unlike in American TV it is not used in evidence against you, i.e. the statement can support your defence).

samslade

johnnyskeleton wrote: »

The implications of not giving a statement are that in certain circumstances your failure to answer certain questions can be used by the jury in court to draw inferences from them.

If a person was told by a guard to give a statement, and they refused on the grounds that they wanted it handled formally (ie: arrested and with rcordings made etc), could this be used against them?

Our man in Havana

A person cannot be forced to give a statement, even if arrested.

cushtac

samslade wrote: »

If a person was told by a guard to give a statement, and they refused on the grounds that they wanted it handled formally (ie: arrested and with rcordings made etc), could this be used against them?

A statement is formal, it's a written & signed record of your version of events. A person cannot be told by a Garda to give a statement, just as they don't have to answer questions put to them by Gardai during interview.

As far as I know, only an accused person who is before a court on certain charges (Offences Against the State Act, Drug Trafficking Act) can have inferences drawn from their refusal to answer questions.

barrabus

When giving a statement a witness is cautioned that the statement may be used in criminal proccedings (but in theory not against the person who made the statement).
When giving a statement a suspect should attract a different set of cautions, if they are for example in custody the Gardai should inform them of the right to remain silent and the right of access to solicitor.

There are grey areas between the caution given to a witness and a suspect and also between the cautions to someone in custody giving a statement and some one who gives a statement in his home. (The treamtment of person in custody regulation attach to the former whereas only fair procedures attach to the latter).

The Joe O'Reilly appeal will hopefully offer a definitive ruling from the CCA on this.
I think for some of the statements he gave he was given a caution that a potential witness should be given and NOT the one one a suspect should be given.
Thie witness cautioned stamenents were then allowed in by the judge and the defence will argue in the CCA contributed to his conviction and that they should not have been allowed in.

cushtac

barrabus wrote: »

When giving a statement a witness is cautioned that the statement may be used in criminal proccedings (but in theory not against the person who made the statement).
When giving a statement a suspect should attract a different set of cautions, if they are for example in custody the Gardai should inform them of the right to remain silent and the right of access to solicitor.

There is only one caution, it does not change depending on who it's being given to. The caution does inform the person of the right to silence, as it states that the person being cautioned is not obliged to say anything unless they wish to do so.

The rights of a person in custody are seperate to the caution. Everyone detained in a Garda station is informed of these rights, including the right of legal representation.

johnnyskeleton

Witnesses make a declaration before signing a statement, to the effect that what they say is true and that they are aware that it is an offence to give false information (or something along those lines)

Victor

Tom, Dick and Harry are drinking at home. Tom and Dick wake up the next morning to find Hary stabbed to death. They phone 999 and a number of gardaí arrive and arrest Tom as he is covered in blood and there is a bloody knive in his pocket.

What caution is Tom given?

What caution is Dick given? Does he have to give a statement?

Our man in Havana

No, despite what some Gardaí might tell you. Nobody be it either the accused or a witness is obliged to make a statement.

In our hypothetical example, if Dick does not give a statement he may find himself arrested with Tom for murder.