How to deal witH Gardaí

“The State guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen”.

Constitution of ireland - Bunreacht na h-eireann, article 40.3.1.

a Guide to Your riGHts

1) You have been informed of a reason why they suspect you of committing an offence.

2) You are being assaulted by them and/or threatened with fear for your personal safety or your life.

You and i have the right to free movement and passage, personal privacy and bodily integrity.

and the right to protest.

these are fundamental Human rights of international law as well as fundamental rights provided by the irish Constitution.

the Constitution of ireland, Bunreacht Na h-eireann gives us these Fundamental Personal rights which are provided for us in article 40.

article 40.3.1 says that ‘the state guarantees in its laws to respect, and, as far as practicable, by its laws to defend and vindicate the personal rights of the citizen’.

article 40.4.1 says that ‘No citizen shall be deprived of his personal liberty save in accordance with law’.

article 40.5 says that ‘the dwelling of every citizen is inviolable and shall not be forcibly entered save in accordance with law.

article 40.6 says that ‘the state guarantees liberty for the exercise of the following rights, subject to public order and morality:

i. the right of the citizens to express freely their convictions and opinions and the education of public opinion ...’ and

ii. the right of the citizens to assemble peaceably and without arms.

Never CooPerate witH tHe Gardaí uNless …

Yea tHat’s Great But i’m iN tHe BaCk oF a PaddY waGoN,

wHat do i do Now?

doN’t PaNiC....seriously calm down.

Being arrested is easy, you just stay quiet and wait for them to let you out.

if you can, remember the arresting Gardaí’s number and ask what it is that you are being arrested for.

You don’t have to tell the Gardaí anything except your name and address.

don’t sign anything except the list of your belongings.

if they ask you anything (especially if you have an interview) answer... “No CommeNt”.

information is power. do Not get into chat/discussion with them. what you work at or where you’re staying etc is NoNe oF tHeir BusiNess. shut up.

legal support / solicitor phone number : ________________

did You kNow?

‘subject to Public order’ quoted above in article 6 gives us a clue as to which act the Gardaí most commonly use with regard to protesting - the Criminal Justice (Public order) act 1994, among others such as the Road Traffic Act.

in order for a Garda to behave in ways that he thinks is using, upholding or enforcing the law, there must be ‘provision’ in the law for him to behave that way. ‘Provision’ must come from a relevant section of a relevant ‘act of law’ which will either ‘provide’ him with legal excuse to behave that way or it will not. (Google ‘criminal justice public order act’ for example). if that or any ‘relevant’ act does not have provision for his behaviour then he is breaking the law and abusing your personal and fundamental constitutional rights and you can remind yourself and the Garda that he is liable to be held accountable for such illegal actions at civil and criminal law himself.

did You kNow? Garda stoP, QuestioN & searCH Powers.

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”.

BeiNG asked For Your Name aNd address

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.

When detained at a Garda station you must be given a leaflet outining your legal rights while in custody. read it. it is an offence for the Garda ‘member in charge’ not to give you that. Your custody rights include food, phone calls, a visit from a friend, a visit from a doctor, a visit from a solicitor which they must supply if you don’t have one of your own, (usually some legal aid no-hoper of their choice).

Fingerprints, Tests and Photographs (even selfies) may not be taken from/of you unless you are detained under the following acts: section 30, offences against the state act 1939. section 4, Criminal Justice act 1994 (referring to serious offences with a five year prison penalty). Section 2, Criminal Justice (Drug Trafficking Act) 1996.

You will have been informed of the offence for which you have been detained. if that offence is not one of the above, then refuse to cooperate with any attempts by Gardaí to test, fingerprint or photograph you, unless … you are assaulted or in fear of assault which is a real threat. Better for you to get out safe and unhurt, then make a complaint afterwards.

FiNGerPriNts, tests aNd PHotoGraPHs (eveN selFies)

How to spot a Garda(warNiNG Garda maY Not aPPear as

FrieNdlY iN real liFe)

the high visibility jacket is designed to provide a high level of visibility when a Garda is on outdoor duty especially at night time and when on traffic-related duties.

The official issue clip-on tie is worn at all times when on duty in uniform.

the Ballistic/anti-stab vest is a vital part of equipment issued to members of an Garda síochána for their personal protection.

a Garda’s epaulette displays his or her “shoulder Number” which is assigned according to division and is unique to each member. always take note of a Garda shoulder number

the Garda uniform consists of:

• Garda Cap• shirt• tie• epaulettes• Ballistic vest• trousers/skirt• Belt• Waterproof jacket and fleece• waterproof trousers• utility Belt• Footwear• Gloves

By the way this is what a Garda car looks like.