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Garda

GARDA STOP, QUESTION & SEARCH POWERS.

 

It is often said that 'If a Garda asks you for your name and address, you must give it to him'.

I've heard a lot of people say it and I hear activists say it to eachother with full conviction. I've heard cops and legal people say it. The ICCL even advise it.

 

It’s bullshit, it’s a lie and we've got to get that into our heads. If you believe it's true then you must obviously have knowledge of the relevant provision in law, and please post it here as a comment, with ’chapter and verse’ please, if you do.

 

You can only be stopped or questioned by a Garda in accordance with law.

 

To be randomly stopped and/or questioned by a Garda is an abuse of privacy and deprivation of personal liberty. You are entitled to walk the street without question or prevention by a Garda, unless your actions or conduct are such that there is provision in law relevant to your behaviour to stop and question you.

 

YOU MUST ASK QUESTIONS BEFORE THEY ASK QUESTIONS.

 

If you are stopped or questioned, and this is very important, the first thing you should do is ask the Garda why you are being stopped or questioned. It's so important to ask the Gardaí questions and to get answers to those questions. If a Garda cannot, will not, or refuses to use 'the law' by invoking a relevant act (such as Public Order Act or Road Traffic Act or whatever) then you do not have to engage or cooperate with him in any way. He must invoke the law to use the law ... in accordance with the law! If he refuses, he is not acting in accordance with any law and you should invoke your rights to personal liberty and go about your business.

 

Furthermore, "Any person (note: including a Garda) who, without lawful authority or reasonable excuse, wilfully prevents or interrupts the free passage of any person or vehicle in any public place is committing an offence under Section 9 of the CRIMINAL JUSTICE (PUBLIC ORDER) ACT, 1994”.

 

If a garda is insisting, then you must also insist on asking what provision of law he makes such a demand. If he continues to make up some rubbish under 'colour of law' refuse to co-operate and tell him he will be held personally liable at civil and criminal law for wrongful arrest and false imprisonment if he abuses his authority further.

 

BEING ASKED FOR YOUR NAME AND ADDRESS.

 

Similarly, a Garda does not have the right, save in accordance with law, to ask you for your name and address. Again, your right to privacy is accepted by the courts to be provided for in Article 40.3 of the Irish constitution. Any attempt by a Garda to deny your privacy must be done in accordance with law. Even if a Garda invokes for example 'The Public Order Act', he cannot demand your name and address unless he is of the opinion that you have committed an offence under that act.

 

Neither do you have to "comply with the directions of Garda" (section 8) unless you have been informed that you are committing an offence relative to the Public Order Act whereby there is provision in the act to direct you to 'desist or leave the vicinity" (section 8). The offences (and sections) they might use to question (or arrest you) are "wilfull obstruction" (section 9) and "trespass" (section 13) etc. "Disorderly Conduct "(section 5) is one they could throw at you but not unless you are using "offensive conduct causing serious offence".

 

Therefore - you should never give a Garda your name and address unless you have been told you have committed an offence or you are under arrest for an offence.

 

 

Dont tell them shady cunts nothin be ar on liathroid

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