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Advice or help, please

  • 10-07-2011 12:05pm
    #1
    KMM
    Registered Users, Registered Users 2 Posts: 64 ✭✭


    Hi,

    I won't go into too may details here, as I am not looking for legal advice.

    Someone close is going to be called to give a full statement to the Guards, but 'under caution'. It has been mentioned off the record that legal advice should be sought. The person in question is going through a very difficult time, and trying to encourage them to seek this legal advice is proving really difficult.
    Does anyone know what, if any, the consequences could be if legal advice isn't gotten?

    Just to reiterate, I am not seeking any legal advice.

    Thanks in advance.


Comments

  • #2
    MagicSean
    Closed Accounts Posts: 9,897 ✭✭✭MagicSean


    A cautioned statement is an opportunity to give your side of a story to an allegation. There is no requirement on someone to give one. The reason it is cautioned is so that anything said in it can be used as evidence.

    If a person declines to make a cautioned statement then two things can happen. If it is a summary offence the file will go to the dpp with only the injured party and witness statements and nothing from the suspect. However, if it is an indictable offence and no statement is made then the person will most likely be arrested and detained for questioning.

    If the Garda has advised that legal advice should be taken then this is what should be done. But on the other hand you can't help someone who won't be helped so if your friend will not take this advice there is very little that can be done.


  • #3
    KMM
    Registered Users, Registered Users 2 Posts: 64 ✭✭KMM


    Thanks Seanbeag1.

    They will without a doubt go to make the formal statement when requested. But like you said if they wish not to be helped there is very little anyone can do.


    Thanks again :)


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