Legal Guidelines: The Gardaí have been brought in to our community to force Shell’s unwanted project on us. They are also here to intimidate and gather information. The Gardaí will try and abuse their authority by asking you questions they have no right to ask. Stay calm and silent, you have the right to protest. Feel free to ask the camp for more information.
General: You are not required to carry ID. Don’t carry incriminating objects (drugs/’weapons’). You do not have to give your name and address unless you are arrested. Gardaí can ask you for your name and address if they suspect you of committing an offence.
For Drivers: If you are stopped, question why (under what section, get garda name etc). Make sure your vehicle is road worthy (tyre tread/road tax/insurance/lights). Under road traffic act (RTA) you aren’t required to exit or unlock any part of your vehicle. You can pass the drivers licence & insurance papers out of a gap in the window. If you don’t have your documents, you can produce them within 10 days at your local station. Passengers aren’t required to give any info. Gardaí have no right to search your vehicle (under the RTA) or ask where you are going.
Stop & Search: Gardaí can only search you or your vehicle without a warrant if they use the following: Offences against the state act, misuse of drugs act, criminal law act or offensive weapons act.
If arrested: Make sure to get the arresting officer’s name/number and the exact section under which you are being arrested. You only have to give your name and address, stay silent for all other questions (is this your first time protesting?/eye colour/ date of birth / nationality etc). Insist on being seen by a doctor if you were beaten or injured by the Gardaí or IRMS security (can be used as evidence in court). You are entitled to make a phone call (we suggest you call the camp). You don’t have to sign anything. Even if interviewed, you have the right to remain silent or to say “no comment”. When detained, you must be issued with a leaflet outlining your legal rights – you can ask for your own solicitor at any time.
Legal support: 085 114 1170 (camp), Alan Gannon solicitor 094 962 0007
Laws used by the Gardaí:
Public Order
Section 8 Failure to comply with direction of member of Garda Síochána
http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0008.html
Section 9 Wilful obstruction in a public place (blocking the road)
http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0009.html
Section 6 Threatening, abusive or insulting behaviour in public place.
http://www.irishstatutebook.ie/1994/en/act/pub/0002/sec0006.html
