An Garda Síochána (Police)
The Criminal Justice (Public Order) Act 1994
This Act grants Gardai certain powers when controlling events and demonstrations.
Arrest
Gardaí can arrest anyone found committing some offences, without a warrant. These include being intoxicated in a public place; using threatening, abusive or insulting behaviour in a public place; or distributing or displaying threatening, abusive, insulting or obscene material. Failing to comply with a direction of a Garda; trespass, riot, violent disorder, affray; assault or obstruction of a peace officer are also included.
Request for name & address
If a Garda believes that you have committed an offence under the Act, they can ask for you name and address. Refusal to give your name and address, or giving a name and address they believe to be false can lead to arrest. Failing to give your name and address or giving a false or misleading one is an offence in itself.
Garda directions
Gardai can ask people to stop behaving in a way that would be an offence under the Act. They can ask you to leave an area in a peaceful and orderly way. They can also take a bottle or container if they suspect it contains alcohol. A Garda can also ask you to leave land that you are occupying if you are likely to substantially damage the land. Failing to leave the land as directed could be an offence in itself.
Crowd control
Superintendents can authorise Gardai to erect barriers to stop people accessing an area where an event, which is likely to attract a large number of people, is taking (or is about to take) place. A Garda can direct you to another entrance but cannot stop you entering unless a ticket is required. Failing to follow the direction of a Garda could be an offence.
Alcohol
If you have a bottle or container containing alcohol in a public place and are acting in a way that could cause worry for safety or public peace, a Garda may ask you to hand over the bottle or container. They may also ask you to leave the area and ask you for your name and address. If you don’t do as the Garda asks, that could be an offence in itself.
At all times, the Garda should treat you with respect. They should not have any physical contact with you unless they are defending themselves, protecting people or property, or placing you under arrest. if they do use force, it should be not more than is reasonably needed in the circumstances.
Filming at protests
Gardai photographing/filming protests
The Gardaí can watch protests and events. They can also take photographs and video footage. They must not breach your right to privacy, however, and must comply with data protection rules. If they want to use photographs or video, as evidence to prosecute you for an offence, they must get permission from a judge or a senior Garda beforehand.
Filming Garda
You can film Garda. They can confiscate the film if they believe it could contain evidence of a crime. We also recommend that you use a password or pin to protect your phone before attending a protest.
If you are arrested
Try to stay calm.
Only give your name and address. Answer ‘no comment’ to everything else. Everything you say can and will likely be used as evidence against you or others at a later date.
Use a known solicitor, we recommend Michael Finucane if you are in the Dublin Area (After you request a solicitor, the Gardai cannot conduct an interview until you have spoken with the solicitor in person or by telephone.
You should be told in simple language that you are under arrest and the reason for your arrest. If you are searched, you should be told in simple language why you are being searched and under what law.
It is better if evidence is tested in a court, rather than weighed up by a Garda Superintendent. Try not to accept a caution. At the very least, never accept a caution before receiving advice from a solicitor.
Sign no statements without legal advice. You should only sign for any personal items that are taken from you (and you want back!). Sign your name under the last item (so nothing can be added later).
The normal time period you can be held will be 24 hours.
What information must I be given upon my arrest?
If you are arrested or detained you should be given a document with information of your rights while you are detained. You are allowed to keep this document throughout your detention.
Can the Gardai arrest me if I am under 18?
The Gardai have the same powers to arrest a child, a young person or an adult. If you are under 18, however, the Gardai must act with additional respect for your personal rights and the fact that you are younger. You also cannot be questioned without a parent or guardian present except in certain circumstances.
Non-Irish/ Non-EU Nationals
If you are a non-Irish or non-EU national, you have the right to contact a solicitor. You can also contact your embassy or consul if you wish. If you do not understand English or have problems understanding what the Gardai are telling or asking you, for example in an interview, you should ask for an interpreter. If you are an asylum seeker and are in detention, you are entitled to the assistance of an interpreter and to talk to a solicitor.
If you are a non-Irish national or a Garda suspects you are a non-Irish national, they can ask you to produce your passport or certificate of registration on demand. if you cannot give satisfactory explanation as to why you cannot supply these documents, you could be detained and found guilty of an offence.
Having convictions and cautions could make applying for citizenship more complicated.
Garda search powers
If a Garda has a reasonable suspicion that you have committed an offence, they have powers that allow them to search you without your consent and before you have been arrested.
Some of the circumstances where a Garda can search you include where they reasonably suspect you are in possession of a controlled drug, or in possession of stolen property. They can also search you if you are in a place where a crowd has gathered and a Garda suspects that a breach of the peace could occur and that some of the crowd could be in possession of a knife; or you are in a place designated as a restricted area under the Public Order Act and a Garda suspects that you have alcohol, a disposable container (like a crate or bottle) or an article that could be used to injure someone.
Bust Cards
A short guide of your rights and resources available during an arrest. Bust cards are an essential item to take with you when attending a protest.
Keep in mind when distributing these bust cards that the solicitor details apply to the Dublin region.
If you know a solicitor who is used to dealing with cases involving protest or demonstration situations in your area, please ask their permission to add their details to a bust card and send us the updated contact details for your local region.