The police force in Ireland - known as the Gardai ("Guardian") -
are required to combine technical and legal proficiency in the
prevention and detection of crime. Expected to intervene in every
kind of emergency, Gardai investigate a diverse array of offenses,
combining skills in crowd control, crime scene management,
intelligence-gathering, and the collection and analysis of forensic
evidence. In order to fulfill their various functions, the Gardai
are vested with an extraordinary array of powers - powers which
facilitate surveillance; the taking of forensic samples;
photographs and fingerprints; stopping, searching, and arresting
individuals; as well as searching homes and vehicles. Suspects are
detained and questioned, children are taken into emergency care,
mentally ill persons are taken into custody. Each situation is not
only complicated on a human level, but on a legal level as well, as
the powers exercised intersect with constitutional and legal rights
to liberty, privacy, bodily integrity, freedom of association, and
expression. In England and Wales, the Police and Criminal Evidence
Act 1984 is accompanied by extensive PACE Codes of Conduct. There
is a core framework of police powers and safeguards - clearly laid
out - around stop and search, arrest, detention, investigation,
identification, and interviewing detainees. However, in Ireland, an
unwieldy array of legislation and case-law must be sifted through
to decipher the applicable principles. The pace of legislative
change in Irish criminal justice, combined with the practice of
amending Acts piecemeal rather than by consolidation, makes
identification of the extent and scope of the powers of the Gardai
a challenge which is grappled with by Gardai and legal
practitioners alike. This book examines Garda powers and the legal
issues which arise in their exercise, with an emphasis on the
practicalities of policing. The law is distilled to determine the
origin of key powers and the pre-requisites and practical aspects
of their lawful exercise. The approaches of the courts and police
forces of other common-law jurisdictions to particular policing
questions are considered. Best practice guidance has been
incorporated, grounded in human rights principles and international
standards.
General
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