Airport bye-laws, know your rights...

national | miscellaneous | news report Thursday December 05, 2002 14:43 by Eoin Dubsky - Refueling Peace 087-6941060

NOTE: This is a draft... full legal briefing to follow

Here are links to the airport bye-laws which apply at Shannon Airport (http://193.120.124.98/ZZSI425Y1994.html) and a *draft* legal briefing (http://redbrick.dcu.ie/~slack/rp/ArrestSouth.doc) for people who might be arrested. There could be some errors below, but you can use it as a guide for now I guess. I am not a lawyer, and the person who kindly wrote up these notes is not a lawyer in the Republic of Ireland either.

# What Is An Arrest?

An arrest is the detention of a person who is reasonably suspected to have committed a criminal offence. Arrests are for the purpose of bring that person before a District Court within a reasonable time, not for the purpose of detention. Force may only be used to make an arrest if it is absolutely necessary. If you are arrested on a criminal charge, you must be informed at the time you are arrested of the charge unless it is very obvious why you are being arrested – for example, you are in the process of committing an offence.

# Do I Have To Be Arrested With A Warrant?

No. It is a common mistake - people often think that they have to be arrested by a warrant. This is not the case - You may be arrested without a warrant when a Garda, with reasonable cause, suspects that an offence has been committed and that you are guilty of the offence.
HOWEVER - You CAN NOT be arrested for the purpose of gathering evidence or "helping the Gardai with their enquiries".

ALWAYS ASK ‘UNDER WHAT PROVISIONS ARE YOU ARRESTING ME?’ Try to remember the answer you are given. Do NOT accept an answer which does not specify a certain statute. Persist, politely, until you get a proper answer. ALWAYS try to remember the name or appearance of the person who arrests you.
It is foolish, pointless and against the law to resist arrest. It simply permits the police officer arresting you to use more force to effect the arrest.

# Can I Be Searched?

A Garda may search you after your arrest and take
· articles that he or she believes to be connected with, or evidence relating to, the offence charged
· articles that he or she believes to be connected with, or evidence relating to, some other offence
· articles that you might use to injure another person or property or to escape
If you are searched by a Garda, ASK ‘Why Am I being searched?’. Make sure the answer is one of the above. Insist that the search is done with respect.
You must not be searched by a person (other than a doctor) of the opposite sex.
Where a search of your person involves removal of clothing, other than headgear or outer clothing, there must be no person of the opposite sex present unless that person is a doctor.
However, a person of the opposite sex may be present if the member in charge considers it necessary because of your violent behaviour.
If your clothes or shoes are retained by the Gardai, you must be supplied with replacements of a reasonable standard.
A record must be made of the search stating the name of the person conducting the search, the names of those present and details of any property taken from or handed over by you. NEVER sign for anything which does not belong to you.
What Happens After I have Been Arrested?
After you have been arrested, you must be informed without delay
· why you have been arrested (i.e., the offence)
· that you are entitled to consult a solicitor and
· that you are entitled to notify another person that you are in custody.
After you are arrested, you may be taken into custody in a Garda station.
When you are brought to the Garda station, details of the offence must be set out in a "charge sheet". A copy of the details must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. After you have been charged with an offence, the Garda must caution you with the following words: "You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence."
The Garda must keep a note of any reply you make.

# ALWAYS ASK FOR A SOLICITOR

If you ask for a solicitor, you cannot be asked to make a written statement until your solicitor has been given reasonable time to arrive. Do NOT answer any questions until your solicitor arrives. Give this as the reason for refusing to answer questions.

# How Long Can I Be Detained For?

If you are arrested under the Criminal Justice Act, the initial period of detention without charge is 6 hours, with an extension of another 6 hours by a garda officer of the rank of superintendent or above. There must be grounds for believing that such detention is necessary for the proper investigation of an offense. A continuation of detention for 8 hours overnight is possible, to allow a detainee to sleep.
If you are arrested under the Offences Against the State Act, the initial period of detention without charge is 24 hours at the direction of a police superintendent; detention may be extended another 24 hours by a judge. The garda may also detain suspects in certain crimes, usually those involving serious offenses with firearms or explosives, for 48 hours. A 24-hour extension is possible if approved by a judge.

# Fingerprinting

Your fingerprints, palmprints or photographs will not be taken without your written consent. The consent will be signed and recorded in the custody record. There is no need for your consent if you were arrested under section 30 of the Offences Against the State Act 1939 or section 4 of the Criminal Justice Act 1984.

# Getting Legal Advice

If you are 17 years or over and you have asked for a solicitor or that another person be notified, the member in charge of the station must notify the solicitor or other person as soon as possible. If the solicitor or other person cannot be contacted within a reasonable time or if the solicitor or other person is unable to or unwilling to attend, you must be given an opportunity to ask for another solicitor or another person.
If you are transferred to another station, your solicitor or other nominated person must be notified of the transfer as soon as possible.
Information about where you are being kept in custody must be given to
· any solicitor who enquires if you consent and
· any other person if you consent and the member in charge of the station is satisfied that the information will not hinder or delay the investigation of crime.
You must be given reasonable access to a solicitor of your choice and be allowed to communicate with him or her privately.
If you have not had access to a solicitor and a solicitor who has not been requested presents himself or herself at the station, you must be given the opportunity to consult with the solicitor if you wish.
A consultation with a solicitor may take place in the sight but out of the hearing of a Garda.
Make Sure Someone Outside Asks to See You.
You may receive a visit from a relative, friend or any other person with an interest in your welfare, provided that you wish to see the person. The member in charge of the station must be satisfied that the visit can be adequately supervised and will not hinder or delay the investigation of crime.
You may send a letter or make a telephone call of reasonable duration free of charge to a person if the member in charge is satisfied that it will not hinder or delay the investigation of crime. A Garda may listen to the phone call and may end it and may read any letter and refuse to send it.
Before you have a supervised visit or communicate with a person other than your solicitor, you must be informed that anything you say during the visit or in the communication may be given in evidence.

# You May Be Interviewed About Your Activities:

Before you are interviewed, the Garda conducting the interview must identify himself or herself and any other Garda in the room, by name and rank.
The interview must be conducted in a fair and humane manner.
No more than two Gardai can question you at any one time and no more than four Gardai can be in the room at any one time during the interview.
If an interview has lasted for four hours, it must either be ended or adjourned for a reasonable time.
As far as possible, interviews will take place in rooms set aside for interviews only.
Except with the permission of the Garda in charge of the station, you may not be questioned between midnight and 8 a.m. in relation to an offence. Permission can only be given in exceptional circumstances or if you were brought to the station during that time.
If you are deaf or there is doubt about your hearing ability, you cannot be questioned without an interpreter, if one is reasonably available, unless you give your written consent. If you have requested an interpreter and one is not reasonably available, any questions will be put to you in writing.
If you are drunk or under the influence of drugs so that you are unable to appreciate the significance of questions put to you or your answers, you cannot be questioned while you are in that condition except with the permission of the member in charge of the station. Permission can only be given in exceptional circumstances
If, while you are being interviewed, you make a complaint to a Garda in relation to your treatment while in custody, the Garda must notify the member in charge of the station, if he or she is not present at the interview, and record it.
A record must be kept of your interview either by the Garda conducting it or by another Garda who is present. The record must include details of the time the interview began and ended, any breaks in it, the place of the interview and the names and ranks of the Gardai present.
If the interview is not electronically recorded, the record will be kept in the Garda's notebook.
What Happens If I Am Charged With An Offence?
Once you are charged and cautioned, you must either be
· released on bail by the member in charge of the station (a form of bail known as station bail) or
· transferred from the Garda Station to the District Court as soon as reasonably possible. If you are arrested after 5 p.m. you may be brought to the District Court as early as possible before noon the following day. At the District Court, you may be released on bail or remanded in custody by the judge. By this stage you should make sure that you are legally represented.
General Conditions of Custody
You must be allowed as much time to rest as necessary.
You must be provided with as many meals as are necessary. You must be given at least two light meals and one main meal in any 24-hour period. You may have meals supplied at your own expense where it is practicable for the Garda to arrange this.
You must be provided with access to toilet facilities.
When it is necessary to put you in a cell, you will, as far as possible, be held on your own in the cell. Persons of the opposite sex must not be placed in a cell together. A violent person must not be placed in a cell with another person if this can be avoided.
While you are in a cell, a Garda will visit you approximately every 30 minutes. A drunken person or a person under the influence of drugs will be visited and spoken to and if necessary roused every 15 minutes for a period of 2 hours or longer if his or her condition warrants it.
A Garda will always be accompanied when visiting a person of the opposite sex who is alone in a cell.
If you are under the age of 17 years, you will not be kept in a cell unless there is no other secure accommodation available and, where practicable, you will not be placed in a cell with an adult other than an adult relative.
Ill-Treatment
No Garda can subject you to ill-treatment of any kind or the threat of ill-treatment (whether against you, your family or any other person connected with you) or permit any other person to do so.

No Garda can use force against you unless such reasonable force as is necessary
· in self-defence
· to make sure that you comply with lawful directions
· to prevent your escape or
· to restrain you from injuring yourself or others, damaging property or destroying or interfering with evidence.
If you allege physical ill-treatment, the member in charge of the station will arrange for you to be medically examined. However, if you have made the allegation about another Garda, the member in charge of the station may not order the medical examination if he or she considers the complaint to be frivolous or vexatious.

# Medical Treatment

If you
· are injured
· are under the influence of alcohol or drugs and cannot be roused
· fail to respond normally to questions or conversation (not due to the influence of alcohol alone)
· appear to the member in charge to be suffering from a mental illness or
· otherwise appear to the member in charge to need medical attention,
the member in charge of the station must summon a doctor unless your condition appears to require removal to a hospital.
Medical advice will be sought if you claim to need medication relating to a heart condition, diabetes, epilepsy or other potentially serious condition. It may also be sought if the member in charge of the station considers it necessary because you have such medication in your possession.
If you are removed to a hospital, the removal must be recorded. Any instructions given by a doctor about your medical care and steps taken to comply with the instructions should also be recorded.
If you ask to be examined by a doctor of your choice at your own expense, the member in charge of the station must make the necessary arrangements.
If you are removed to hospital, an immediate relative and any other person required to be notified shall be informed.
Information
During the course of a Garda investigation of a crime, a suspect or an accused may decide to make a statement to the Gardai. There are certain procedures that the Gardai must follow when a suspect makes a statement.

# Caution

When a Garda has made up his/her mind to charge you with a crime, he/she should first caution you before asking you any questions.
The caution, which must be administered to you when you are formally charged, should be in the following words; "Do you wish to say anything in answer to the charge? You are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence".
Questions
When you make a voluntary statement, you must not be cross-examined and no question should be put to you about it, except to remove any uncertainty. For example, if you have mentioned an hour without saying whether it was morning or evening, you may be questioned to clear up that point.
If another person has been charged with the same offence and his or her statement has been taken separately, the Gardai should not read this statement to you. However, you should be given a copy of the statement and the Gardai should say nothing to invite a reply.
Writing

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Any statement made should, whenever possible, be taken down in writing. It should be read over to you. You should be invited to make any corrections you may wish and you should sign it.
Much of this information is taken from the Oasis website (http://www.oasis.gov.ie/)
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