elmo sez
19th July 2006, 00:25
All good activists should know their rights particularly when under arrest, so if you know your rights for your country please post them up. ( please gather the information from a credibale source, this information is very important, so no off the top of your head stuff ) . So without further delay ill kick this off with Ireland
Ireland
Arrest
An arrest is one of the preliminary stages in the prosecution of a criminal offence. You may be arrested for the purpose of being brought to trial. In general, you may not be arrested just for questioning but there are some exceptions.
Why you are arrested
Normally you must be told why you are being arrested, for example, because you are suspected of having stolen goods. However, if you are arrested under Section 30 of the Offences Against the State Act you need only be told that you are being arrested under that Section; you do not have to be told exactly why.
Garda powers of arrest
The Gardai have wide powers of arrest without a warrant. They may arrest you if they reasonably believe you have committed an arrestable offence. An "arrestable offence" is an offence for which the penalty which a person who has no previous convictions may get is 5 years imprisonment or more. Specific laws then give the Gardai specific powers of arrest as well. For example, a Garda may arrest you under the Road Traffic Acts without a warrant if he/she suspects that you are committing an offence in relation to drinking and driving. They also have various powers of arrest with a warrant.
The Gardai have a general power to enter and search a premises, including a dwelling, in order to carry out an arrest. There are a number of conditions attached to their power to enter a dwelling if they do not have a warrant.
Other officials who have powers of arrest
Certain other law enforcers, for example, Customs Officers, Fishery Protection Officers also have powers of arrest with and without a warrant in their own particular areas.
"Citizen's arrest"
Private individuals also have powers of arrest without a warrant in certain circumstances - this is sometimes called a citizen's arrest. You may arrest a person who is committing an arrestable offence or any person whom you have reasonable cause to suspect is committing an arrestable offence. If an arrestable offence has been committed, you may arrest the person who is guilty of the offence or the person whom you have reasonable cause to suspect is guilty. This power of arrest may only be exercised if you have reasonable cause to believe that the person would otherwise attempt to avoid, or is avoiding, arrest by a Garda. If you do arrest someone you must transfer that person to Garda custody as soon as practicable.
Security people and store detectives have no more powers than other citizens in respect of arrests.
It is an offence for a person to resist a lawful arrest whether the arrest is carried out by a Garda or a private citizen.
After the arrest
In general, you must be brought before a court as soon as possible after your arrest. This sometimes means that a special sitting of the District Court has to be arranged. Only in certain specific circumstances may you be detained in a Garda Station for a length of time before being brought to court. Under the Criminal Justice Act 1984, you may be detained in a Garda Station for up to 12 hours. The offence of which you are suspected must be one that may be punished by imprisonment for at least 5 years. The 12 hour period runs from the time of your arrest but you may agree to a rest period between 12 midnight and 8 am and this will not be included in the 12 hours.
Everyone who is detained must be informed of his/her right to consult a solicitor.
In general, if you are arrested you do not have to say anything. However, if you are detained under the Criminal Justice Act 1984 you must tell the Gardai your name and address. The Gardai have no general power to take fingerprints or make forensic tests. They may do these things if you consent or if they have specific power under specific laws, for example, under the Offences Against the State Act or the Criminal Law Act of 1976. Under Section 30 of the Offences Against the State Act you may be detained for up to 48 hours before being brought to Court.
Ireland
Arrest
An arrest is one of the preliminary stages in the prosecution of a criminal offence. You may be arrested for the purpose of being brought to trial. In general, you may not be arrested just for questioning but there are some exceptions.
Why you are arrested
Normally you must be told why you are being arrested, for example, because you are suspected of having stolen goods. However, if you are arrested under Section 30 of the Offences Against the State Act you need only be told that you are being arrested under that Section; you do not have to be told exactly why.
Garda powers of arrest
The Gardai have wide powers of arrest without a warrant. They may arrest you if they reasonably believe you have committed an arrestable offence. An "arrestable offence" is an offence for which the penalty which a person who has no previous convictions may get is 5 years imprisonment or more. Specific laws then give the Gardai specific powers of arrest as well. For example, a Garda may arrest you under the Road Traffic Acts without a warrant if he/she suspects that you are committing an offence in relation to drinking and driving. They also have various powers of arrest with a warrant.
The Gardai have a general power to enter and search a premises, including a dwelling, in order to carry out an arrest. There are a number of conditions attached to their power to enter a dwelling if they do not have a warrant.
Other officials who have powers of arrest
Certain other law enforcers, for example, Customs Officers, Fishery Protection Officers also have powers of arrest with and without a warrant in their own particular areas.
"Citizen's arrest"
Private individuals also have powers of arrest without a warrant in certain circumstances - this is sometimes called a citizen's arrest. You may arrest a person who is committing an arrestable offence or any person whom you have reasonable cause to suspect is committing an arrestable offence. If an arrestable offence has been committed, you may arrest the person who is guilty of the offence or the person whom you have reasonable cause to suspect is guilty. This power of arrest may only be exercised if you have reasonable cause to believe that the person would otherwise attempt to avoid, or is avoiding, arrest by a Garda. If you do arrest someone you must transfer that person to Garda custody as soon as practicable.
Security people and store detectives have no more powers than other citizens in respect of arrests.
It is an offence for a person to resist a lawful arrest whether the arrest is carried out by a Garda or a private citizen.
After the arrest
In general, you must be brought before a court as soon as possible after your arrest. This sometimes means that a special sitting of the District Court has to be arranged. Only in certain specific circumstances may you be detained in a Garda Station for a length of time before being brought to court. Under the Criminal Justice Act 1984, you may be detained in a Garda Station for up to 12 hours. The offence of which you are suspected must be one that may be punished by imprisonment for at least 5 years. The 12 hour period runs from the time of your arrest but you may agree to a rest period between 12 midnight and 8 am and this will not be included in the 12 hours.
Everyone who is detained must be informed of his/her right to consult a solicitor.
In general, if you are arrested you do not have to say anything. However, if you are detained under the Criminal Justice Act 1984 you must tell the Gardai your name and address. The Gardai have no general power to take fingerprints or make forensic tests. They may do these things if you consent or if they have specific power under specific laws, for example, under the Offences Against the State Act or the Criminal Law Act of 1976. Under Section 30 of the Offences Against the State Act you may be detained for up to 48 hours before being brought to Court.