Assault charge - role of guards

Mocrie14 · 03-10-2010 8:06am #1

If somebody brings decides to bring a charge of assault against someone else for a VERY minor incident, do the guards have any say in wether it proceeds or is it entirely up to the 'victim and his solicitor?

Thanks

meditraitor · 03-10-2010 8:11am

Bazbu wrote: »

If somebody brings decides to bring a charge of assault against someone else for a VERY minor incident, do the guards have any say in wether it proceeds or is it entirely up to the 'victim and his solicitor?

Thanks

They play a roll but I dont think its up to them, they investigate the complaint and pass it on to the DPP who decides.

source · 03-10-2010 9:48am

I think the op is talking about someone taking a civil case against someone for assault, ie for damages.

If this is the case then the Gardai will only appear as witnesses in the case.

If however you mean that the person has told the Gardai that he wishes to proceed with a complaint of assault, then The Garda in question will investigate the claim, and send it up the the district officer to make a decision. If it's a minor assault the DPP will not be involved. He only gets involved for bigger stuff.

Mocrie14 · 03-10-2010 2:15pm

foinse wrote: »

I think the op is talking about someone taking a civil case against someone for assault, ie for damages.

If this is the case then the Gardai will only appear as witnesses in the case.

If however you mean that the person has told the Gardai that he wishes to proceed with a complaint of assault, then The Garda in question will investigate the claim, and send it up the the district officer to make a decision. If it's a minor assault the DPP will not be involved. He only gets involved for bigger stuff.

Yes this is what I mean

MagicSean · 03-10-2010 2:18pm

Bazbu wrote: »

If somebody brings decides to bring a charge of assault against someone else for a VERY minor incident, do the guards have any say in wether it proceeds or is it entirely up to the 'victim and his solicitor?

Thanks

The victims solicitor plays no role. The person makes a complaint, the garda investigates and makes a recommendation, his superiors make a decision on wether a prosecution should be brought.

Mocrie14 · 03-10-2010 4:23pm

k_mac wrote: »

The victims solicitor plays no role. The person makes a complaint, the garda investigates and makes a recommendation, his superiors make a decision on wether a prosecution should be brought.

Really? So its totally up to the gardai wether it proceeds? Great

cushtac · 03-10-2010 4:44pm

Bazbu wrote: »

Really? So its totally up to the gardai wether it proceeds? Great

In a criminal case, yes. A civil case would have little to do with the Gardaí.

d4head77 · 20-01-2011 12:51am

I had a row with an ex in the street one night which resulted in her claiming to the guards that i had assaulted her. In reality she was very drunk and fell several times which resulted in her getting slight bruises. I actually stood with my hands behind my back because I realised someone was watching, and far more importantly it is not in me to wallop people. She ended up with very minor bruises as a result of falling twice - she was very drunk and i had 2 or 3 pints. But i shouted a lot at her as i had had enough of her abusive behaviour towards me (there's a long story there!). I also (I am ashamed) walked away and left her there in a state. She had bbeen extremely abusive to me that night, also the week before, and on other occasions. She had slapped me on gthe face for no reason 4 times. And one other time because i told her to stop shouting racist abuse at a black taxi driver. She doesn't like criticism, and I believe that SHE believes I threw her about (even though I had zero history of doing that with either her or anyone else in my whole life). She told the guards I had flung her down steps and thrown her in the street. We werent even near steps. They got photos of her injuries and arrested me to quiz me about assaulting her and I think they have sent it to the DPP. Her medical report to the guards showed that she told her doctor i flung her down steps, and also separately it said that she had suffered no real harm (as the bruises were all but one minor). Now they have told me it will take months. If I even am seen in court, I lose my job, therefore because of mortgage my home. I am worried sick. Meanwhile, she's swanning about (I am thankfully no longer with her) as if nothing had happened and I am distraught - partly with worry, partly at the way she treated me which i will never forget. Any advice from anyone?

coylemj · 20-01-2011 1:06am

If you have split up with her then I'd suggest that even if the DPP decides that you should be prosecuted that she won't turn up. I wouldn't worry too much.

d4head77 · 20-01-2011 2:04am

Thank you coylemj. The only thing I worry about is she might want to get her back on me because I (GENUINELY accidently) let it slip when I was talking to the guard after he officially ended the interview when i was arrested, that she was (as far as i knew) illeglally claiming benefits.She had told me she was in the past, but I had no form evidence of it as i only was familiar with one of her 3 bank accounts. And she was / is a habitual exaggerator, even when not telling direct lies!!!

So, if I had mentioned this to the guard, and if he had gonme back to quiz her about it, she'd be livid. Livid beyond what I could describe.

OK: say the guard took this up. Do they routinely investigate her for the likes of this?I never meant to comment on kit - it just slipped out as a result of something the guard asked me. Maybe he suspected already, though that's not my problem. I wouldn't actually do that to my ex, bad and all as she treated me. I just want to put her, the guards, and this "complaint" in the past. I am with a lovely lady now and want to move on.

TheNog · 20-01-2011 6:07am

d4head77 wrote: »

OK: say the guard took this up. Do they routinely investigate her for the likes of this?I never meant to comment on kit - it just slipped out as a result of something the guard asked me.

No the social welfare have their own investigation teams to do this

coylemj · 20-01-2011 2:43pm

It's very unlikely the garda will act on what you said (about the social welfare), people involved in an argy-bargy accuse one another of all sorts of stuff, it's part of the daily routine for the boys in blue, I doubt if he took any notice.

Mark27 · 25-01-2011 1:06pm

{SNIP} Mod Note: Already a thread on this topic.

source · 25-01-2011 1:37pm

This should be in its own thread, as it's taking this one completely off topic, but when a prisoner asks a Garda for a solicitor it is noted in the custody record, also noted is every attempt the Garda makes to get a solicitor and the result of those attempts.

If the Garda made every attempt to get a solicitor for the prisoner and through no fault of AGS, could not provide the prisoner with same. Then the Garda cannot be held responsible for not providing the prisoner with a solicitor.

irishgirl19 · 05-07-2011 1:05pm

foinse wrote: »

I think the op is talking about someone taking a civil case against someone for assault, ie for damages.

If however you mean that the person has told the Gardai that he wishes to proceed with a complaint of assault, then The Garda in question will investigate the claim, and send it up the the district officer to make a decision. If it's a minor assault the DPP will not be involved. He only gets involved for bigger stuff.

say for example you had a charge on someone and dropped it because the person convinced you not to.and then they done it again but never reported it.is the one you reported on file so you can bring it back up?

Reloc8 · 05-07-2011 2:57pm

From a few months ago ? Yes.

MagicSean · 05-07-2011 3:03pm

irishgirl19 wrote: »

say for example you had a charge on someone and dropped it because the person convinced you not to.and then they done it again but never reported it.is the one you reported on file so you can bring it back up?

It will depend on all the circumstances. The DPP may decide not to go ahead with a second charge when the injured party has pulled out before.

irishgirl19 · 05-07-2011 4:57pm

even in cases of domestic violence where many women drop charges.
i dont wanna go back to the gardai if they are just gonna drop it

Reloc8 · 05-07-2011 5:15pm

irishgirl19 wrote: »

even in cases of domestic violence where many women drop charges.
i dont wanna go back to the gardai if they are just gonna drop it

Nevermind the internet. Go to the gardai. Keep yourself safe.

MagicSean · 05-07-2011 5:30pm

irishgirl19 wrote: »

even in cases of domestic violence where many women drop charges.
i dont wanna go back to the gardai if they are just gonna drop it

If it has happened again then they can investigate that one too. So even if the first one is dropped there is still the second one. The best thing to do is talk to the prosecuting Garda from the first time. You should really get an order from the courts to protect yourself in the future and make any future prosecution easier.

Assault charge - role of guards

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