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Dublin Ireland

1. Stopped By The Garda On The Street, Now What?

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  • The Irish police (Garda) can ask you as a member of the public to stop at any time. If the Garda believes that you have committed an offence or are committing an offence you may be required to stop.
  • Stay calm. It is not a good idea to run. Keep your hands where the Garda can see them.
  • If the Garda are not wearing their uniform, they must show you identification if you ask them.
  • You are not obliged to cooperate with the Garda. However you may give your name and address if this is requested. If they have stopped you because they believe you have committed an offence or are committing an offence, the Garda may ask for this information and they can arrest you for refusing to answer. Speak carefully and clearly. Anything you say can be used against you in court.
  • If the Garda ask you to stop any behaviour in public that they say is dangerous to people’s safety, property or "public peace" - it is a good idea to stop. The Garda can arrest you if you continue to do something that they asked you to stop doing.

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Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

2. When Can the Garda Search You and Your Surroundings?

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What if the Garda stop me on the street?

  • Stay calm.
  • It's not a good idea to resist even if you're innocent.
  • A Garda can ask an individual to stop at any time.If a Garda searches you, before they do the search they must explain to you in simple English why they want to do so.
  • If a Garda has a reasonable suspicion that you have committed a crime, they can search you without your consent. This means that they can search you even if you do not agree to being searched. This applies to everyone under the age of 18. If you are under 18 the Garda does not need the consent of your parent or guardian.
  • The Garda cannot use force to stop you (unless they are arresting you) and you are under no obligation to cooperate with the Garda. However if the Garda have 'reasonable grounds' for suspecting that you have committed an offence then they can demand your name and address.  If you refuse to provide it, then the Garda can arrest you.
  • Ask the Garda why you are being searched if they do not tell you (this also applies if they search you in a vehicle or at your house).
  • If the Garda ask for your name and address, provide it to them.
  • If you are worried the Garda has carried out a search illegally, you should get legal advice.
  • If a search is more than just a ‘pat down' over your clothes then it must be carried out by someone of the same sex as you (so if you're a girl then a female officer must search you).

What if the Garda stop and search me in a vehicle?

  • The Garda are allowed to stop drivers at random.
  • If a Garda asks you to stop, it is best to stop the vehicle and go along with their requests.
  • Listen out for why the Garda are stopping you.
  • If Garda do not provide a reason you should ask why you have been stopped.
  • If you believe you have been searched illegally then seek legal advice after the event.

What if the Garda search my house?

  • If the Garda request access to your property, it is best to give them access.
  • You can ask the Garda to show you a search warrant (a court order which allows the Garda to do the search). You should:
    • check the date of the search warrant
    • ask them for a written record that a search took place.
  • If the Garda do not have a search warrant, ask them under what authority they are searching your property and why, and record the reason they give.
  • You should watch the Garda’s search but don’t block them.
  • Make a list of items the Garda take with them during the search.
  • If you believe a search has taken place illegally, seek legal advice after the event.
  • Items of evidence obtained as a result of a legal and valid search may be kept and used as evidence in any criminal proceedings.

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Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

3. Reasons the Garda May Detain or Arrest You

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  • In order to arrest you, the Garda must have a reasonable suspicion that you have committed an offence that entitles them to arrest you.
  • You can’t be arrested just because the Garda believe you may be able to help with a criminal investigation against someone else, unless the criminal investigation is related to an offence under The Offences Against The State Act.
  • You have the right to be told clearly, in easy to understand language, that you are being arrested and you should also be informed of the reason for your arrest.
  • Sometimes Garda will have a warrant (a court order) for an arrest. You should be clear on what kind of warrant is being presented to you if that is the case.
  • It is a good idea to review any paper from the Garda (including a warrant/ court order) carefully, to ensure that you understand what exactly is covered/ what the Garda can do.
  • If you are arrested for an offence which does not allow for your detention, then you must be charged with that offence and brought before a judge of the District Court as soon as possible.
  • If you are arrested for an offence and detained in a Garda station, the length of time you can be kept at the station will depend on the specific offence.

Manner of arrest

  • The Garda should at all times treat you with respect.
  • Garda can use reasonable force to arrest you. When a Garda arrests you, they will use physical contact to put you under arrest. However, if the Garda use excessive force, you can take the case to the Garda Ombudsman.
  • The Garda can arrest you in your home or in a public place.

The officer in charge of the Garda station must tell your parents or guardian that you have been arrested, why you are there and that you have the right to a solicitor (a lawyer). They must also ask your parents or guardian to come to the station as soon as possible.

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Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

4. Do the Garda Need A Warrant To Arrest You?

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  • No, the Garda have powers to arrest you without a warrant (court order) if they reasonably suspect that you have committed an offence that entitles them to arrest you.
  • You can also be arrested without a warrant if you fail to give your name and address when asked by a Garda who suspects you may have committed a public order offence.
  • The Garda can arrest a person in their home or in a public place. If the Garda have an arrest warrant, they may use this in order to enter and search any property where they believe a suspect to be. If the Garda is refused entry, they may use reasonable force to gain entry to the property.

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Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

5. How Do You Know If You Are Under Arrest?

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  • An arrest happens when you are physically taken into custody by the Garda. The Garda must tell you that you are under arrest and you will not be free to leave.
  • You have the right to be told in clear, easy to understand language that you are under arrest and the reason why you are under arrest. The Garda do not have to use any specific phrases to set out the reason or legal grounds for your arrest.
  • If the Garda asks you to go to the station with them, you should ask if you are under arrest. If you are under arrest, you must go with them. It is not a good idea to resist, even if you’re innocent or if you think the Garda are acting unfairly or unlawfully. Resisting arrest can be a crime. If you are not under arrest, you do not have to go to the station.
  • The Garda must tell your parents or guardian that you are in custody, why you are there and that you have the right to a solicitor (a lawyer). The Garda in charge must ask your parent or guardian to come to the station as soon as possible.
  • The Garda have the same powers of arrest when they are dealing with children, teenagers or adults. However, if you are under 18, the Garda must take into account your age and level of maturity.

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Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

6. What To Do After Being Warned of your Rights

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What information should you receive?

  • Immediately after you have been arrested, you must be informed of the following without delay and in simple English:
    • why you have been arrested
    • that you are entitled to consult a lawyer
    • that you are entitled to notify another person that you are in custody
  • Your parent or guardian must be informed of your arrest. They will be requested to attend the station.
  • The Member in Charge is the Garda who is in charge of making sure that the rules about your detention are fully complied with. If you are in custody in a Garda station and you have any difficulties or requests, you should talk to the Member in Charge.

Who can visit me?

  • You should contact a lawyer immediately. If you do not know a lawyer, you should ask the Garda to nominate or call one for you.
  • You must be given reasonable access to a lawyer of your choice and be allowed to communicate with them privately.
  • Request a lawyer even if you think you cannot afford one (there is a scheme that pays for lawyers if you cannot afford one).
  • You can also be visited by a parent, guardian or friend.
  • You can make a phone call free of charge to someone.

Will I be kept in a cell in the Garda station?

  • You will not be kept in a cell unless there is no other secure accommodation available.
  • You should also not be placed in a cell with an adult, other than an adult relative.

What if I feel like I am being treated unfairly?

  • If you are in custody in a Garda station and you have any difficulties or requests, you should ask to talk to the Member in Charge of the Garda Station.
  • If you have concerns about how you are being treated you should tell your lawyer.

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See also:

Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

7. Garda Questioning You

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Can my parent or guardian attend the interview?

  • The Garda are entitled to interview you if you have been arrested.
  • You cannot be questioned unless a parent or guardian is present.
  • If it is not possible to get the parent or guardian you requested to come to the interview, the Garda must try to arrange for your other parent or guardian to attend.
  • You may be questioned without a parent or guardian present in exceptional circumstances or if it has not been possible to contact your parent or guardian.
  • Your parent or guardian may be excluded from the interview if they:
    • are the victim of the offence;
    • have been arrested in relation to the offence or are a suspect;
    • would obstruct the course of justice if they were at the interview.

Will I have a lawyer with me in the interview?

  • You have a right to speak to a lawyer before you are interviewed. Your lawyer’s role is to protect your rights.
  • You may only be questioned before your lawyer arrives in highly exceptional circumstances.
  • If you ask for them to be present then they will be allowed in the interview.
  • If you do not request a lawyer but your parent or guardian does, then a lawyer will be required to attend.
  • During the interview, your lawyer can:
    • intervene to clarify a point
    • challenge a question
    • advise you not to answer a particular question
    • request the suspension of your interview

Am I allowed to remain silent in an interview?

  • If you are arrested and brought to a Garda station, the Garda have to inform you of your right to remain silent before questioning.
  • You have a right to remain silent during questioning.
  • Some offences place an obligation on you to speak. The Garda will inform you if this is the case.
  • If you would like to remain silent you may do so, although you have to provide information that allows the Garda to identify you, e.g. your name and address.
  • It is a good idea to remain silent until you have a lawyer present with you. Your lawyer will tell you whether it is in your interest to remain silent.

Will the interview be recorded?

  • The Garda will record your interview in writing and should read it back to you at the end of the interview so that you can correct any mistakes.
  • The Garda should also record your interview on videotape, although they do not have to do this if it’s not practical.
  • You do not have a right to a copy of the videotape unless you are prosecuted for an offence.

What if the Garda ask me to sign a statement?

  • Once you have signed a statement, it can be used as evidence against you.
  • You do not have to sign anything that you are not comfortable with.
  • Make sure you talk with your lawyer before signing any statement.

What if the Garda ask me to take part in an identification parade?

  • You do not have to take part in an identification parade. But if you refuse, it is possible that the Garda will hold an informal identification which could be worse.
  • If you are charged with an offence, your refusal might be used against you at trial.
  • Speak to your lawyer before taking part in an identification parade.

What happens in an identification parade?

  • Before an identification parade, the Garda should tell you that you have the right to refuse to take part and that you have the right to have a lawyer present.
  • There should be at least eight other people of similar age, height, appearance and dress as yourself in the parade.
  • You or your lawyer can object to the participation of any of the people in the parade and the Garda should note your objection.

Will the Garda take samples from me?

  • Fingerprints, swabs or samples cannot be taken from you without the written consent of your parent or guardian.

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Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

8. Reporting Crimes To The Garda

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General points to consider

  • You have no obligation to confess to a crime and you are not required to report to the Garda a crime that you have witnessed or heard about.
  • It is never a good idea to give false information to the Garda. It is always best to be truthful when providing the Garda with information.
  • You can ask for a lawyer. Even if you are responsible for something or you have information that they want, it may not be a good idea to share it without a lawyer present when you do so.
  • If you live in Ireland and are a victim of a crime, you should contact the Garda. The emergency services telephone number is 999 or 112. In less urgent situations, you should contact your local Garda station.

Do I need to give my name and phone number if I ring 999 or a local Garda station to report a crime?

  • No, you do not have to give your name or phone number.
  • You can give information relating to crime or other activities confidentially to a Garda Confidential Number: 1800 666 111.

Reporting criminal investigations confidentially

  • You can give information to the Garda about any criminal investigation using the confidential freephone number 1800 25 00 25.
  • This confidential freephone number is staffed by members of the Garda National Bureau of Criminal Investigation.

What happens when I report a crime?

  • Whenever you report a crime, the Garda will ask you to:
  • Provide as much information as you can about the offence;
  • Tell them if you have any concerns about your (or your family’s safety), so they can give you appropriate advice;
  • Provide your full address and contact details;
  • Update them with any other changes or details, if you remember anything further.
  • The Garda will ask you to make a statement which they will write down and get you to sign. The matter will then be investigated by the Garda.
  • Details you should receive from the Garda when you are a victim of crime include: the name of the investigating Garda, the reference number of the investigation, the telephone number of the Garda Station, and the number for Crime Victims Helpline. The Garda will explain the investigation process to you and make sure that you are kept informed about the progress of the investigation, including whether a suspect is charged or cautioned. You will also be told about the support services available to victims of crime.

If you are the victim of a crime

  • If you are the victim of the crime you will receive a letter in the mail with all the relevant details of the investigation.
  • The Garda will keep you informed of the process and progress of the investigation.

Your rights as a victim of crime

  • All members of the Garda must treat victims with dignity and respect.
  • If you are reporting a crime, the Garda is not allowed to ask questions regarding the citizenship, residency status, nationality or religion of a victim or witness or to enter such information into the incident report.
  • Any communication with you should be in a simple language that you are able to understand, and take into account any personal characteristics or disability that you may have.
  • If you are unable to communicate fluently in Irish or English, the Garda are obliged to provide free interpreting services.
  • If you believe that an incident is a hate crime rather than an ‘ordinary’ crime, you should state that the alleged incident had a racist/ homophobic/ Islamophobic motive when reporting the crime.

Who can I contact for support if I am a victim of a crime?

  • If you have been the victim of a crime you can contact the Crime Victims Helpline by:
    • calling 116006
    • texting 085 133 7711

Legal Source:

See also:

Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

9. Responding To Bad Treatment By The Police

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If you feel you have been badly treated badly or are being harassed by the Garda, you should take the following steps: 

  • Remain calm. Carefully write down each time it happens. Record the date, time, location, the officers' details (names, badge numbers, physical appearance), witnesses, your conversation and the actions of everyone involved. Your notes will be used as the basis for any formal complaint you may want to file later.

  • If the harassment continues, you may file a formal complaint with the Garda Ombudsman. You can also make a complaint by calling any Garda station. It is a good idea to involve an adult in this process as you will be required to give your name and address.

  • A complaint can be made by completing the online complaint form available through the Garda Ombudsman website. Alternatively, you can download the complaint form and drop it into any Garda Station, or post it to the Garda Ombudsman’s offices at:

    Garda Ombudsman
    150 Upper Abbey Street
    Dublin 1
    D01 FT73
    Local: 1890 600 800

  • When it receives a complaint the Garda Ombudsman will decide whether the complaint is "admissible" (meaning it can be considered) and how it can handle your complaint.

  • To be admissible a complaint must concern conduct by a Garda that could be considered misbehaviour, and the complaint must be made within 12 months after it happened.

  • A complaint regarding mistreatment treatment by a Garda officer can also be made by calling into any Garda Station.


If the harassing behaviour does not stop after filing a formal complaint with the Garda Ombudsman, consider asking your parent or guardian to assist you with contacting a local solicitor (a lawyer).

Legal Source:

See also:

Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

10. How do I Contact A Lawyer and When?

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  • You should always contact a lawyer (known also as a solicitor in Ireland) before you make any statement in a criminal case or investigation - even if you are told by the Garda that they only want to ask you some questions, or if you are only a witness.
  • You have the right to reasonable access to legal advice and not to be questioned until you have received legal advice. If the Garda do not allow you to speak to a solicitor, your detention may be unlawful.
  • If you are worried about not being able to pay for legal advice, you may be able to apply for legal aid. Legal aid and advice is available for people who cannot afford to pay for a private solicitor (a lawyer) to represent them. Remember however that that legal aid is not completely free. A payment called a contribution will have to be made when a person first sees a solicitor. In addition, In order to qualify for legal aid, certain financial eligibility requirements must be met.

Legal Source:

See also:

Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

11. Do Garda Always Have To Tell The Truth?

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  • The Garda make a commitment to tell the truth; this commitment is in their code of ethics.
  • If you think that Garda are not telling the truth, inform your lawyer.

Legal Source:
Code of Ethics for the Garda Siochana

12. How do I make a complaint if I have questions or feel my rights have been violated?

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Garda Victim Liaison Officer

  • If you are not satisfied with the assistance from the Garda or if you have any questions or suggestions, you can contact the Garda Victim Liaison Officer or your local superintendent.

Contact details for the Garda Liaison Officer:

  • Garda Victim Liaison Office
    Garda National Protective Services Bureau
    Harcourt Square
    Dublin 2
    D02 DH42
  • Tel: +353 1 6663453 / 6663435 / 6663349
  • E-mail: crimevictims@garda.ie

You should receive a reply within 21 days.

Garda Ombudsman Commission

  • If you are not happy with the way you were treated you can contact the Garda Ombudsman.

  • A complaint can be made by completing the online complaint form available through the Garda Ombudsman website. Or, you can download the complaint form and drop it into any Garda Station, or post it to the Garda Ombudsman’s offices at:

    Garda Ombudsman
    150 Upper Abbey Street
    Dublin 1
    D01 FT73

  • You can be any age to make a complaint but if you are not an adult it is a good idea to talk with your parent, guardian or adult responsible for you about bringing a complaint to the Garda Ombudsman.

Who can make a complaint?

  • Anyone can make a complaint to the Garda Ombudsman about the behaviour of a Garda.
  • You must have either witnessed the incident (meaning you were there/ saw it happen) or been directly affected by it.
  • You can make a complaint on behalf of someone else provided you have the person's consent (meaning they have agreed that you may do so).
  • It is generally expected that a complaint from a child or young person would be made by a parent, guardian or responsible adult.

Timing of making a complaint

  • A complaint must be brought within 12 months of the incident complained about.

Unwarranted attention or harassment

  • If you feel you've been subject to unwarranted attention or harassment, consult the Crime Victims Helpline.
  • Phone number for the Crime Victims Helpline:
    • calling 116006
    • texting 085 133 7711

Your rights if you are a foreign national

  • You have the same rights as Irish citizens regarding your treatment and the right to contact a solicitor (a lawyer). You also have the right to contact your embassy.
  • You can be arrested and detained without a warrant (court order).
  • You have the right to an interpreter if you cannot understand English or have general difficulties understanding what is happening.

Your rights and disabilities

  • You have the right to an interpreter if you cannot understand what is happening.

False complaints

  • It is an offence to provide false or misleading information.

What if I feel I was a victim of discrimination or racism?

  • If you have been discriminated against by the Garda, you should make a complaint to the Garda Ombudsman.

Do the Garda have to provide me with details of how I can make a complaint?

  • You are entitled to be informed how to lodge a complaint.
  • In carrying out their duties properly and effectively, the Garda should provide you with details of how you can make a complaint.

The Ombudsman for Children's Office

  • If a child has been unfairly treated by the Garda you can make a complaint to the Ombudsman for Children's Office (OCO). Please see a link to their website here: https://www.oco.ie/.
  • The OCO recommend trying to resolve the complaint with the Garda and the Garda Ombudsman first.
  • The OCO accept complaints from children and young people under the age of 18, and also from adults on behalf of children.
  • When you do so, keep in mind some practical steps to follow:
    • keep a note of dates, who you spoke to and what they say will happen next
    • it’s best to do this in writing so that you can keep a record
    • mention that you are writing under the complaints procedure
    • make your explanation of what happened as clear as possible
    • focus on the main issues
    • it is also helpful for you to outline what outcome you want, for example, this might be an apology or an explanation of what happened
    • it is useful to keep copies of letters you write so that you can remember them later
  • Generally, complaints are best dealt with locally and quickly by going direct to the organisation you wish to complain to. If you are not happy with the outcome, or feel that your complaint has not been managed properly then you can contact the OCO and they may be able to help you.

Contact details for the OCO:

Make a Complaint
  • Fill out the complaints form
  • Freephone: 1800 20 20 40
  • Office: ococomplaint@oco.ie

Phone
  • Office: 01 865 6800

Email

Address
  • Ombudsman for Children’s Office
    Millennium House
    52-56 Great Strand Street
    Dublin 1
    D01 F5P8
    Ireland

Legal Source:

See:

Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.

13. What can you do if the Garda perform an improper search? Or I was improperly detained?

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General points to consider

  • You are entitled to your own personal freedom and cannot be detained or held unlawfully.
  • If you believe that you are being detained or held unlawfully, you can make an application to the High Court.
  • You may have a legal claim that your rights have been violated (meaning not respected) if you have been or will be injured and each of the points below is true:
  • The Garda searches or seizes your body, for example you are taken into custody and/or searched. OR the Garda searches your house (including the porch, garden, etc.). OR the Garda searches your hotel room. OR the Garda searches your papers or any other personal belongings.
  • It happened to you and not another person. This means your rights were violated, and not someone else's. You must also have a reasonable expectation of privacy in the area from which your property was seized. This means it would have been normal to think you had privacy where it happened.
  • The police officer did not have a warrant (or the warrant was not proper).

Detention periods

  • The maximum period of detention ranges from 24 hours to 7 days. You can be initially detained for up to 6 hours.
  • Detention of suspects who are under 12 years of age is generally not allowed.

Should I record this on my phone? Can I take photographs?

  • It is not illegal to photograph or video a Garda officer on duty.
  • Recording or photographing the Garda on duty may not be looked on favourably and can make a situation worse so be careful in the way in which you photograph or record the Garda on duty.

Legal Sources:

See also:

Please note that these are articles and not legislation or case law. We cannot be sure that such information is up-to-date. We do not promote specific websites.