bporeilly  
Gavel

B.P. O'Reilly

Legal Services For Individuals

Legal Services For Business


Rights relating to Gardaí

Where can you find out about your rights in relation to the Gardai? What questions can they ask you? - Example – where are you going to or coming from? Their attitude to you? I feel nobody seems to know.

This is a very wide-ranging question because Gardai have different powers in different circumstances. 

For example, if you are driving a car they can stop you and ask for the production of your driving licence (you should be carrying it) and your insurance certificate.  If there is an accident you have to give more details such as your name and address, the name and address of the owner of the vehicle, and specific information on the insurance certificate if you don’t have it.  Any other questions that they ask – where are you going to etc. – you can refuse to answer, but the consequences of that might be that they could form the opinion that you were being evasive and lead them to certain conclusions such as perhaps the car is stolen or that you are not driving with the owner’s consent and therefore are not insured. 

Equally, if you are walking along the street and a member of the Gardai stops you, if you refuse to answer any questions and the reason that they stopped you is that they are investigating a crime just committed, if you are evasive or you refuse to answer any questions or give misleading information it is possible at the scene of a crime that your demeanour could lead them to believe that they would have a reasonable suspicion that you are involved in the commission of a crime and they could arrest you. 

This does not mean that the Gardai have powers to arrest on demand – it all depends on the circumstances of the situation and the purpose for which the Garda has to ask the questions.

To this listener I'd advise to go to the local Garda Station and take it up in a constructive way with the duty sergeant or the inspector and discuss why this is happening. If you don't get satisfaction contact the Garda Ombudsman and talk to them. www.gardaombudsman.ie

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

Newstalk latest


B.P.O’REILLY & COMPANY SOLICITORS & NOTARIES ARE LAWYERS BASED IN DUBLIN IRELAND SPECIALISING IN LEGAL AND NOTARY SERVICES FOR BUSINESSES AND INDIVIDUALS WHO NEED ADVICE AND REPRESENTATION IN LOCAL, NATIONAL AND INTERNATIONAL CASES.

HEAD OFFICE: B.P O'Reilly & Co. Solicitors, Coric House, Main St, Tallaght, Dublin 24, Republic of Ireland.

Telephone: (01) 4525211      Fax: (01) 4525436

[International (+353-1) 4525211 Fax: (+353-1) 4525436]         

 E-mail: general@bporco.ie

© B.P.O'Reilly & Company Solicitors 2002-2008.

The information contained in this website is of a general nature and should not be relied on in every circumstance
involving what is written and/or said involving the services of B.P.O'Reilly & Company. Consequently, no responsibility will be taken by the site promoters as to the accuracy of its contents. If you have a specific query please contact B.P.O'Reilly & Company.