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Section 112 Road Traffic Act

  • 16-02-2012 3:11am
    #1
    Com1186
    Registered Users Posts: 49 ✭


    Please settle an arguement please fellow boards members.....

    is Unauthorised Taking Sec 112 an Arrestable offence...

    -Snip_


Comments

  • #2
    msg11
    Closed Accounts Posts: 3,572 ✭✭✭msg11


    Sorry, but of what exactly ?


  • #3
    gerire
    Registered Users, Registered Users 2 Posts: 2,587 ✭✭✭gerire


    Com1186 wrote: »
    Please settle an arguement please fellow boards members.....

    is Unauthorised Taking Sec 112 an Arrestable offence...

    Portal/irish statute book online/friendly skipper who's also out drinking

    but really boards?


  • #4
    source
    Registered Users, Registered Users 2 Posts: 5,288 ✭✭✭source


    I would say it is not as 112 (6) provides a power of arrest. Also the original text of the section doesn't give a maximum/minimum sentence.


  • #5
    Hooch
    Registered Users, Registered Users 2 Posts: 4,957 ✭✭✭Hooch


    Sec 112 is not an arrestable offence, but as pointed out, has a power of arrest.

    The arrestable offence thereafter is Theft of the vehicle. Yes there is a difference, if you are a member of AGS you should know this??


  • #6
    Turner
    Moderators, Society & Culture Moderators Posts: 3,935 Mod ✭✭✭✭Turner


    Moved to legal discussion.


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  • #7
    McCrack
    Registered Users, Registered Users 2 Posts: 2,983 ✭✭✭McCrack


    An arrestable offence is one that provide for imprisonment on indictment of 5 years or more. S112 is not an arrestable offence considering the penalty referred to in sub section 2 although a power of arrest is conferred on Gardai in sub section 6.

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0112.html#sec112


  • #8
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    S. 112(6) RTA gives a power of arrest in any event

    s. 3(7) of the RTA 1984 increases the punishment to 5 years imprisonment on indictment

    http://www.irishstatutebook.ie/1984/en/act/pub/0016/sec0003.html

    so it would be arrestable under s. 4 of the Criminal Law Act 1997, and the provisions regarding s. 4 CJA 1984 detention and search warrants under the s. 10 CJ (Misc provisions) act 1997 (as amended by the CJA 2006) come into play also


  • #9
    Com1186
    Registered Users Posts: 49 ✭Com1186


    Section 3(7) of the Road Traffic Act 1984 amends Section 112 to make it an arrestable offence, thank you, now i can show my colleague that it IS an AO.


  • #10
    coylemj
    Registered Users, Registered Users 2 Posts: 25,498 ✭✭✭✭coylemj


    Com1186 wrote: »
    Section 3(7) of the Road Traffic Act 1984 amends Section 112 to make it an arrestable offence, thank you, now i can show my colleague that it IS an AO.

    The original 1961 act contained a power of arrest for S. 112.....

    (6) Where a member of the Garda Síochána has reasonable grounds for believing that a person is committing an offence under this section, he may arrest the person without warrant.

    http://www.irishstatutebook.ie/1961/en/act/pub/0024/sec0112.html#sec112


  • #11
    Com1186
    Registered Users Posts: 49 ✭Com1186


    So is there any difference if JOE BLOGGS is arrested under the Power of arrest using the POA under Sec 112 of the Act or using Section 4 (3) of the Criminal Law Act 1997 ?

    both would give a garda the power to request a detention pursuant to section 4 of the Criminal Justice Act 1984 >


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