Q.  What powers do the Gardaí have to stop and question me?

28.03.10

Most of these powers given to the Gardaí are set out in law. In some cases Gardaí are entitled to stop and question you where no statutory power exists. This is known as a common law power. An example of this would be where a Garda observes you acting suspiciously late at night.
The Garda is entitled to stop you in order to detect and prevent crime. You are under no legal obligation to co-operate with the Garda and the Garda cannot use force to restrain your freedom under common law without arresting you. However, if the Garda has reasonable grounds for suspecting that you have committed an offence, the Garda can use a statutory power to demand your name and address. If you refuse to provide them, then the Garda can arrest you.

The Gardaí can stop motorists at random in order to detect and prevent crime. This power can be used, for example, to stop cars near pubs to identify drunk drivers or in order to check cars passing through a particular area. The law also obliges a motorist to stop his/her vehicle when required to do so by a Garda. Many statutory provisions allow the Gardaí to stop people for specific purposes, but there is only one which specifically permits a Garda to stop and question someone, short of arresting the person. Section 30 of the Offences Against the State Act 1939 allows a Garda to stop and interrogate anyone whom the Garda suspects of having committed or being about to commit an offence under the 1939 Act or an offence scheduled for the purposes of the Act. (A number of offences are listed as scheduled offences, such as firearms offences and explosive offences.) This gives the Gardaí the power to stop a suspect in a public place. You can find out more about Garda powers at the Irish Council for Civil Liberties website, www.knowyourrights.ie .

Citizens Information: Buncrana 074 9363496; Carndonagh 074 9373741

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