What if the accused avoids giving a statement to the guards?

Christine Neville · 20-05-2022 12:51pm #1

After I reported a crime recently, the investigating officer said that they must get a statement from the accused. The last time I was onto her she said that they hadn't spoken to the accused yet, and that given the Covid situation he might not want to come into the garda station and give a statement. I haven't heard back since then; three months ago. Does this mean that they're just going to let it fizzle out? Also, that guard seemed most unhelpful anyway.

apache · 20-05-2022 12:54pm

Dosen't sound good.

Glenomra · 20-05-2022 12:55pm

https://www.boards.ie/discussion/2058246654/what-if-the-accused-avoids-giving-a-statement-to-the-guards

I am no legal expert but over the course of my life I have seen many people in rural Ireland avoiding a charge just by refusing to make a statement. Their refusal often tests and bests the endurance levels of local guards. In fact it would be accepted wisdom among many people not to make a statement.Only a personal observation.

Allinall · 20-05-2022 12:58pm

There is no obligation on anyone to give a statement.

If the gardai think there is sufficient evidence, they can arrest and charge the accused.

Wheety · 20-05-2022 1:17pm

I think most people won't give a statement in case they incriminate themselves. Why would they? Let the Gardaí prove they did it.

Eire392 · 20-05-2022 4:20pm

Happens all the time. Nearly better for the guard that they refuse to make a statement. Prosecution will often be initiated without the accused giving a statement anyway but each case is different. Ring the guard and ask what's the update on the case

Also what is it in relation to? Depending on the offence the investigation would have needed to be completed and proceedings commenced within six months.

Eire392 · 20-05-2022 4:21pm

https://www.boards.ie/discussion/comment/119089435#Comment_119089435

People think that but its no water off their back really. If X makes a statement against Y and Y refuses to provide a statement, it'll often be directed to let it go to court and let the judge decide. Obviously depends on the scenario.

Mad_maxx · 22-05-2022 8:16pm

you should never make a statement to the guards but whether you make one or not wont really decide whether or not you get charged with something

Eire392 · 23-05-2022 8:00am

https://www.boards.ie/discussion/comment/119099391#Comment_119099391

Yeah, not necessarily true. And the blanket 'you should never make a statement' will not always work in your favour but certainly within your right not to.

maestroamado · 23-05-2022 8:06am

https://www.boards.ie/discussion/2058246654/what-if-the-accused-avoids-giving-a-statement-to-the-guards

What was the crime...

Christine Neville · 23-05-2022 10:49am

https://www.boards.ie/discussion/comment/119090577#Comment_119090577

So I think the guards must have given up on it. If this is the case, it won't get to go before a judge. So I take it when this happens, the only way to get it to go before a judge is to get a solicitor to initiate court proceedings which would probably cost more than €1,000?

Mad_maxx · 23-05-2022 12:48pm

https://www.boards.ie/discussion/comment/119100703#Comment_119100703

you are correct in so far as not giving a statement can be inferred in a negative light , however , a strong showing in court can easily overcome this , the risk reward for making a statement is generally very low , you dont want to give the guards material to work with , they can read over youre statement and use it against youre slipping memory a year down the road in court , tell them nothing and no holes can be shown in youre statement

Eire392 · 23-05-2022 1:31pm

https://www.boards.ie/discussion/comment/119101904#Comment_119101904

Yes also fair enough but I would still disagree with a blanket refusal to give a statement but certainly each to their own

For example a minor road traffic hit and run. Better off giving a statement 'sorry I didn't realise I'd hit it' than refuse to address it but that is a very specific example

Eire392 · 23-05-2022 1:33pm

https://www.boards.ie/discussion/comment/119101345#Comment_119101345

Did you ring and ask? Anyone here will only be able to speculate on the case. The guard should be able to tell you if there has been a direction on it or whether the investigation is complete yet no one else here can

Mad_maxx · 23-05-2022 2:24pm

https://www.boards.ie/discussion/comment/119102115#Comment_119102115

Id never make a statement where I was suspected of wrongdoing , different story If I was a witness to something though im not saying id always give one there either

certainly never where i was suspected of a misdemeanour

Claw Hammer · 24-05-2022 11:50am

Nobody has to give a statement but the guard has to interview the person and put the allegation to them. The person does not have to respond but it is only after that that the guards would contemplate bringing charges.

Christine Neville · 25-05-2022 11:43am

https://www.boards.ie/discussion/comment/119106388#Comment_119106388

My guess is that the guard met with the person at all. It's hard to get her because she does night shifts. You can still always initiate court proceedings yourself if the guard doesn't?

Christine Neville · 23-06-2022 2:25pm

https://www.boards.ie/discussion/comment/119102126#Comment_119102126

I must ask, is it entirely up to the investigating guard whether they want to bring it before a judge or not? What's to stop a guard not bothering to bring something serious before a judge?

25-06-2022 12:18am

https://www.boards.ie/discussion/comment/119239344#Comment_119239344

A kick in the arse from the superintendent helps a great deal in my experience

coylemj · 25-06-2022 11:04am

https://www.boards.ie/discussion/comment/119239344#Comment_119239344

At the moment, yes. Because that Garda is probably the only person in the force who knows about it. If it was a serious traffic accident or assault, he or she would compile a file and send it to the DPP to await instructions as to whether to prosecute or not.

You say it's 'serious', she doesn't seem to think so. All the vibes I'm getting says that she simply couldn't be bothered. As things stand, nothing will happen unless she progresses it. It's not strictly true that she has to interview the accused because if the evidence presented by you appears sufficient to present a prima facie case, a prosecution can go ahead. But often there are two sides to a story so it does make sense to hear the other side before deciding to prosecute.

You have three options (1) walk away and forget it (2) write a polite but firm letter to her Superintendent asking why nothing has happened and (3) initiate a private prosecution.

Sierra Oscar · 26-06-2022 5:12pm

https://www.boards.ie/discussion/comment/119106388#Comment_119106388

It depends on the crime. There isn't a power of arrest for all offences and not all offences are detainable offences, meaning a person cannot be interviewed and allegations put to them. Minor assaults for example. Likewise for a whole multitude of Road Traffic Collissions.

What if the accused avoids giving a statement to the guards?

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