What is an arrest?

An arrest is when you are taken into the custody of the Gardaí and are not allowed to leave.

Why would the Gardaí arrest me?

A Garda may arrest you for a variety of reasons, for example:

• to charge you with an offence;

• to bring you to a Garda station where you may be detained and questioned;

• to execute a warrant against you.

This may be:

— a bench warrant (if you have previously failed to appear in court);

— a penal warrant (if you have previously failed to pay court-ordered fines);

— a committal warrant (if you were sentenced to prison in your absence).

Do the Gardaí need a warrant to arrest me?

The Gardaí have a wide variety of powers of arrest. A Garda does not always need an arrest warrant if, for example:

• he or she reasonably suspects that you have committed a serious offence

• he or she believes that you are committing an offence under the Road Traffic Acts

• he or she finds you committing an offence under the Public Order Act

• you are a foreign national and you do not produce an identity document when a Garda

asks you to do so; or 

• you are a foreign national and a Garda suspects that a deportation order has been

made against you but you haven’t complied with it. These are common examples of situations

where you could be arrested without a warrant, but Gardaí can arrest you without a warrant in many other situations.

Can I be arrested in my home?

Sometimes, the Gardaí can enter your home to arrest you. For example, the Gardaí can enter your home to arrest you for an arrestable offence – an offence with a penalty of at least five years in  rison where you have not been convicted of an offence before.

 Must I have committed an offence?

You can be arrested without having committed an offence. But, in general, a Garda can only

arrest you if he or she has a reasonable suspicion that you have committed an offence. Generally, a Garda cannot arrest you because he or she believes that you might assist with an investigation into someone else. There is one exception, however: you may be arrested to assist where the Gardaí are investigating someone under the Offences Against the State Act.

 How do I know if I am under arrest?

A Garda must tell you that you are under arrest and it should be clear to you that you are not free to leave. You may be physically restrained.

 Am I entitled to know the reason for my arrest?

You are entitled to be told in simple language that you are under arrest and the reason for your arrest. See the section on ‘Interpretation’ for more details on this.

 What if I resist arrest?

It is very unwise to resist arrest even if you think that you shouldn’t be arrested. If you resist, you  may be injured and charges could be brought against you later for obstruction of justice, resisting arrest or assault on a Garda, even if it later turns out that you should not have been arrested.

If you think that you should not have been arrested, or you are concerned about the way in which you were arrested, tell your solicitor as soon as you see him or her.

Can a Garda use force in arresting me?

A Garda can use ‘reasonable force’ to arrest you. If too much force is used or the force is not reasonable in the circumstances, the Garda can be prosecuted or sued for assault. You can also complain to the Garda Síochána Ombudsman Commission. You will find the contact details for this at the end of this pack.

Can the Gardaí re-arrest me for the same offence after they have let me go?

The Gardaí can re-arrest you to charge you with an offence or to question you about an offence. They can also re-arrest you if they have received more information about your suspected involvement in the offence.

 Where will I be brought after I have been arrested?

This will depend on why you have been arrested, as shown by the examples below.

• If you have been arrested for non-payment of fines or because a prison sentence was imposed without your being in court, you will be brought straight to prison to serve your sentence.

 • If you have been arrested to be charged, you will probably be brought to a Garda station where you will be charged and brought to the District Court (or released on bail).

 • If you have been arrested for questioning, you will be brought to a Garda station where you could be detained.  for details about the length of detention.

In all these cases, you should ask either the Governor of the prison or the ‘member in charge’ of the Garda station to contact your solicitor immediately. The ‘member in charge’ is usually the sergeant working in the custody area in which you are being held.

What can I do if a friend or family member is arrested?

You should contact their solicitor immediately. He or she will be able to find out where they

are and why they have been arrested. If your friend or family member does not have a solicitor, there is information at the back of this pack about organisations that can help you find one. The solicitor will then be able to advise them.

What is an arrest?

An arrest is when you are taken into the custody of the Gardaí and are not allowed to leave.

Why would the Gardaí arrest me?

A Garda may arrest you for a variety of reasons, for example:

• to charge you with an offence;

• to bring you to a Garda station where you may be detained and questioned;

• to execute a warrant against you.

This may be:

— a bench warrant (if you have previously failed to appear in court);

— a penal warrant (if you have previously failed to pay court-ordered fines);

— a committal warrant (if you were sentenced to prison in your absence).

Do the Gardaí need a warrant to arrest me?

The Gardaí have a wide variety of powers of arrest. A Garda does not always need an arrest warrant if, for example:

• he or she reasonably suspects that you have committed a serious offence

• he or she believes that you are committing an offence under the Road Traffic Acts

• he or she finds you committing an offence under the Public Order Act

• you are a foreign national and you do not produce an identity document when a Garda

asks you to do so; or 

• you are a foreign national and a Garda suspects that a deportation order has been

made against you but you haven’t complied with it. These are common examples of situations

where you could be arrested without a warrant, but Gardaí can arrest you without a warrant in many other situations.

Can I be arrested in my home?

Sometimes, the Gardaí can enter your home to arrest you. For example, the Gardaí can enter your home to arrest you for an arrestable offence – an offence with a penalty of at least five years in  rison where you have not been convicted of an offence before.

 Must I have committed an offence?

You can be arrested without having committed an offence. But, in general, a Garda can only

arrest you if he or she has a reasonable suspicion that you have committed an offence. Generally, a Garda cannot arrest you because he or she believes that you might assist with an investigation into someone else. There is one exception, however: you may be arrested to assist where the Gardaí are investigating someone under the Offences Against the State Act.

 How do I know if I am under arrest?

A Garda must tell you that you are under arrest and it should be clear to you that you are not free to leave. You may be physically restrained.

 Am I entitled to know the reason for my arrest?

You are entitled to be told in simple language that you are under arrest and the reason for your arrest. See the section on ‘Interpretation’ for more details on this.

 What if I resist arrest?

It is very unwise to resist arrest even if you think that you shouldn’t be arrested. If you resist, you  may be injured and charges could be brought against you later for obstruction of justice, resisting arrest or assault on a Garda, even if it later turns out that you should not have been arrested.

If you think that you should not have been arrested, or you are concerned about the way in which you were arrested, tell your solicitor as soon as you see him or her.

Can a Garda use force in arresting me?

A Garda can use ‘reasonable force’ to arrest you. If too much force is used or the force is not reasonable in the circumstances, the Garda can be prosecuted or sued for assault. You can also complain to the Garda Síochána Ombudsman Commission. You will find the contact details for this at the end of this pack.

Can the Gardaí re-arrest me for the same offence after they have let me go?

The Gardaí can re-arrest you to charge you with an offence or to question you about an offence. They can also re-arrest you if they have received more information about your suspected involvement in the offence.

 Where will I be brought after I have been arrested?

This will depend on why you have been arrested, as shown by the examples below.

• If you have been arrested for non-payment of fines or because a prison sentence was imposed without your being in court, you will be brought straight to prison to serve your sentence.

 • If you have been arrested to be charged, you will probably be brought to a Garda station where you will be charged and brought to the District Court (or released on bail).

 • If you have been arrested for questioning, you will be brought to a Garda station where you could be detained.  for details about the length of detention.

In all these cases, you should ask either the Governor of the prison or the ‘member in charge’ of the Garda station to contact your solicitor immediately. The ‘member in charge’ is usually the sergeant working in the custody area in which you are being held.

What can I do if a friend or family member is arrested?

You should contact their solicitor immediately. He or she will be able to find out where they

are and why they have been arrested. If your friend or family member does not have a solicitor, there is information at the back of this pack about organisations that can help you find one. The solicitor will then be able to advise them.