The Right

to Protest
Contents
About this Guide 1
Structure of this Guide 1
Introduction 2
What do we mean by human rights? 2
Who makes sure my rights are respected? 2
Key words explained 3
Key legislation explained 4

1. My rights when planning a protest 5

What laws protect my right to protest? 5
Can I gather with a group to protest? 6
Does it matter what I want to protest about? 6
What are my protest rights when I am online? 7
Where can I protest? 7
What form can a protest take? 7
When is a protest considered trespass? 8
Can I protest at places like shopping centres? 8
Can I protest at places that are providing state services? 8
Can Gardaí collect information about me during a protest? 9
When can my right to protest be limited? 9
What can I do if I think Gardaí have unfairly limited my right to protest? 10

2. My rights during the protest 11

Does my protest have to be peaceful? 11
Are there rules about slogans or signs? 11
What rights apply to audio and visual recording? 12
What are my data protection rights if the Gardaí have been recording me? 13
Can Gardaí block my path? 14
Can Gardaí put up barriers to restrict free movement? 15
Can Gardaí arrest me without a warrant during a protest? 15
What happens if I am arrested? 15
What is an arrest? 15
 Why would Gardaí arrest me? 16
Do Gardaí need a warrant to arrest me? 16
Can I be arrested in my home? 16
Can I be arrested if I have not committed an offence? 16
How do I know if I am under arrest? 17
Am I entitled to know the reason for my arrest? 17
What should I do if I am arrested? 17
Do I have a right to remain silent? 18
Can Gardaí arrest me if I am under 18? 18
What if I don’t think I should be arrested? 19
Can Gardaí use force in arresting me? 19
Can I be re-arrested for the same offence after they have let me go? 19

3. My Rights After the Protest 20

I believe a Garda has acted unlawfully. What can I do? 20
I think a Garda has unlawful possession of my data. What can I do? 20
After an arrest: 21
Where will I be brought after I have been arrested? 21
What should I do when I am brought to a prison or Garda station? 21
What happens if I am a non-national and I am arrested? 21
What can I do if a friend or family member is arrested? 22
What information must Gardaí give me when I am arrested? 22
What happens if I am convicted of an offence? 23
What are the penalties for a public order offence? 23
Do Gardaí have the right to collect my DNA? 26

Contacts 28-38

Disclaimer: the aim of this guide is to give general information about your rights.
We have done our best to make sure the information is accurate and up to date,
but you should not take it as legal advice.
About this guide

Protest, like freedom of expression, is a fundamental part of our

democracy. When the right to protest is respected, it gives
everyone the right to gather with others and have their voice heard
in public.

Many positive social and political changes have happened in

Ireland and around the world because of protests.

This guide tells you about:

• your right to protest under Irish law
(up to and including 2019);
• what you are allowed to do at a protest; and
• the limitations there may be on a protest,
including Garda powers.

Structure of this guide

There are three main sections in this guide.

Section 1: My rights when planning a protest

This section explains what rights you have when planning a protest including what type of
protest you can organise and how the State must facilitate your right to protest.

Section 2: My rights during a protest

This section explains what kind of activity and behaviour you can engage in during a protest
and what the Gardaí can and cannot do to limit your protest, including why they might
arrest you.

Section 3: My rights after a protest

This section explains what happens if you are arrested and what you can do if you think the
Gardaí have unfairly or unlawfully restricted your right to protest.

Please see page 3 ‘Key words’ for specialist words we use in this guide.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 1
 Introduction

What do we mean by human rights?

Human rights are the basic freedoms and
entitlements that all of us have. These
rights should be available to everyone,
whatever their sex, gender, nationality,
language, race, ethnicity, disability, religion,
marital or family status, sexual orientation,
age, class, political opinion or other opinion
might be and whether or not they are a
member of the Traveller community.

Ireland has made commitments under both

national and international law to make sure
that the rights of everyone living in the
State are respected, protected and met.

Who makes sure my rights are

respected?
The State must make sure that your rights
are respected. This duty comes from
sources including:
• the Constitution of Ireland (also
known as Bunreacht na hÉireann);
• the European Convention on Human
Rights (ECHR);
• the European Charter of Fundamental
Rights and Freedoms; and
• the International Covenant on Civil
and Political Rights.

All agents of the Government, including An

Garda Síochána (the police), schools and
health services must respect your rights.

2 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Key words explained

Arrestable offence Garda vetting

This is an offence with a penalty of at least When applying for certain jobs, especially if
five years in prison. you hope to work with children, your future
employer will ask you to undergo Garda
Breach of the peace vetting. The Gardaí will check if you have a
Legal term for where an individual or group conviction for a crime and this information
is threatening or causing harm. will be shared with your future employer.

Caution General Data Protection Regulation (GDPR)

A warning given by a Garda to someone An EU law that outlines rules to protect the
who accepts responsibility for a crime storing and processing of your personal
where there is evidence that they have data (information). GDPR has been in place
committed that crime but a decision has here since 2018.
been made not to prosecute them.
Member in charge
Conspiracy This is the Garda in the Garda station who
Two or more people combining to engage in is in charge of you and your welfare when
an unlawful act. you are being held in a Garda station.

Conviction Narrow legal interpretation

Being found guilty of a criminal offence. This is where a definition of a legal term is
interpreted in a very specific way.
Custody
Being in custody means you are deprived of Offence
your liberty and you are under the An act or behaviour that is against the law.
supervision of the Gardaí. When you are
arrested you are taken into custody.

Duty solicitor
This is a criminal defence solicitor who is
provided to you if you don’t have your own
solicitor and you have been arrested.

Effective remedy
If your rights are breached, you are
entitled to have the breach recognised and,
where possible, your rights restored. This
might include an apology or compensation.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 3
 Key legislation explained

Criminal Justice (Public Order) Act 1994 Road Traffic Acts

The Criminal Justice (Public Order) Act The rules for driving on public roads are set
1994 covers a wide range of public order out in the Road Traffic Act 1961 and its
offences and gives Gardaí many powers to amendments, that is- the changes and
deal with offences and crowd control at updates to this Act.
public events and demonstrations.
For protestors, the most important part of
It is important for protestors to know this Act is section 107.
about this Act.
Section 107 gives Gardaí the power to stop
Throughout this booklet, we will call this vehicles at random to ask questions, even
Act the Public Order Act. where the driver of the vehicle is not
suspected of having committed any
Offences against the State Act offence.
The Offences against the State Act covers
crimes that pose a threat to the State like If your vehicle is stopped and the Garda
trying to overthrow the government with suspects you may have committed a road
violence. The Act gives the Gardaí broader traffic offence, they can ask you for your
powers of arrest and detention than they name and address. If you do not give these
have under ordinary law. details to this Garda, it is an offence.

For protestors, the most important section A protestor is within their rights to ask the
of this Act is section 30. questioning Garda what specific offence is
suspected. This is when the Garda must
Section 30 gives Gardaí the power to stop, refer to Section 107 of the Road Traffic Act.
question, search and arrest a person
suspected of:
• having committed or about to commit
an offence under the Offences against
the State Act; or
• a person suspected of having
documents or information in relation
to an offence under this Act.

If you are detained under section 30,

Gardaí can:
• demand your name and address;
• search you or your vehicle;
• photograph you; and
• take your fingerprints.

4 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
My rights when planning
a protest
What laws protect my
right to protest? • The right to freedom of
expression, which is the right of
The right to peaceful protest is protected every individual to hold opinions
under: without interference and to seek,
• the Constitution of Ireland (also receive and share information and
known as Bunreacht na hÉireann); ideas through any media.
• the European Convention on Human
Rights (ECHR); • The right to freedom of assembly,
• the European Charter of Fundamental which is the right to gather and
Rights and Freedoms; and meet both in public and in private.
• the International Covenant on Civil
and Political Rights. • The right to freedom of
association, which is the right to
These laws do not clearly state that your organise and to form and take part
right to protest is protected, but they do in groups.
clearly state that the rights listed here are
protected. These are the rights that make
up your right to protest. Everybody in Ireland has these rights.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 5
 Can I gather with a group to protest? What other rights do I have that are
useful to know about when I
Yes. You have a right to gather in groups to protest?
voice opposition or support for social,
cultural, political or other causes. You have many other rights that may be
important when you are involved in a
protest.
Does it matter what I want to
protest about?
• Your right to life, liberty and
Yes. It can matter what you want to protest security of person
about. In general, the State must let you
protest even if it does not agree with your • Your right to be treated humanely
message. However, you do not have the and with dignity
right to protest if:
• you are promoting violence or are • Your right to privacy
inciting hatred (provoking hatred); or
• your group is considered an ‘unlawful • Your right to freedom of religion or
group’, such as a group that has been belief
designated a terrorist organisation.
• Your right to effective remedy if
your right to protest is violated.
This means you have a right to
make a formal complaint to a
state body such as the Garda
Síochána Ombudsman
Commission (GSOC), which is the
body created to receive
complaints about Garda
behaviour.

• Your right to be treated equally

when you use your rights. So, for
example, you have the right to
protest no matter what your sex,
gender, nationality, language,
race, ethnicity, disability, religion,
age, class, political opinion or
other opinion might be.

6 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
What are my protest rights when I Do I have to tell Gardaí if I am
am online? planning a protest?
The rights you have in the physical world No. You do not have to tell An Garda
apply in the online world too. This means Síochána of a planned protest. But it may
that rights that exist for physical be helpful to let Gardaí know about your
gatherings should extend to online plans.
gatherings such as group chats.
Under our Constitution and human rights
You also have a right to privacy online. This law, Gardaí must facilitate peaceful
means that Gardaí are limited in how much protests. If you tell Gardaí about a protest
of your private online preparations for a march beforehand, they will usually help
protest they can legally monitor. with planning for protest marches on public
roads.

Where can I protest?

You have a right to protest in most public
spaces such as roads and footpaths.

What form can a protest take?

These types of protest are allowed:
• Parades
• Processions
• Marches
• Stationary protests on roads and
footpaths, such as pickets, so long
as a wheelchair user can get by.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 7
 When is a protest considered Can I protest at places that are
trespass? providing state services?
Trespass means going into private Any private contractor that provides state
property, such as a person’s front garden, services should respect your rights,
without their consent or permission. including your right to protest. The Irish
government is obliged to ensure that this
Criminal trespass means when you happens. For example, Direct Provision
trespass on private property and you are: centres are run by private contractors, but
• behaving in a way that causes or these contractors are delivering a state
is likely to cause fear; or service. They, therefore, must respect your
• intending to commit a crime or right to protest.
interfere with property.

Can I protest at places like

shopping centres?
Generally, yes. Some places are semi–
private, but the public have a general right
of access. Examples are shopping centres
and football stadiums. In these places,
there may be rules that restrict certain
types of peaceful protest. for example,
certain signs may not be allowed during
football games if the signs might be
offensive.

8 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Can Gardaí collect information about When can my right to protest
me during a protest? be limited?
Yes. But data protection law has strict rules As a general rule, protests can be
on collecting and storing your personal restricted to protect:
data. The General Data Protection • the rights of others;
Regulation (GDPR) covers your right to • public order; or
privacy when you organise a protest and • national security.
when you are protesting. It covers data
that might be gathered online and offline, But restrictions on protest must:
such as photos. • be necessary;
• be as limited as possible; and
Gardaí are allowed to collect information to • treat everyone equally – that is,
prevent, detect, investigate or prosecute a the restrictions must not be
crime and the GDPR does not specifically discriminatory.
cover law enforcement. However, the EU
Law Enforcement Directive will apply During a protest, Gardaí may intervene (get
(incorporated into Irish law in the Irish involved) if they think there is or will be a
Data Protection Act 2018). This requires breach of the peace or if they think the
that your data must be gathered lawfully protest is causing too much disruption to
and fairly and all infringements [violations] other people or to traffic. They may do this
of or limits to your right to privacy have to if protesters:
be strictly necessary and as minimal as • block traffic for a very long time
possible. and traffic cannot be diverted onto
another route;
• affect public health and safety by,
for example, blocking
ambulances.

Gardaí also have the right to limit protest

within one half-mile of the Oireachtas (the
Irish parliament) if members of the
Oireachtas are sitting (meeting officially).
You can check when the Oireachtas sits on
[Link].

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 9
 What can I do if I think Gardaí have In deciding if a protest has been legal,
unfairly limited my right to protest? Irish courts have considered concerns
such as safety, sensitivity and security.
If you think Gardaí have unfairly limited
your constitutional right to protest, you can The Irish Constitution allows protest to be
challenge this in court. A judge will decide restricted where protesters may cause a
whether your right to protest was violated. nuisance to the general public. But the
The judge may examine if the limitations courts have interpreted this narrowly – that
were required for a ’pressing social need’. is, the courts say this means protest can be
Examples of pressing social needs are: restricted only on a strict and limited
• allowing an ambulance to pass; interpretation of nuisance, for example:
• protecting an individual or group • when the activities of protesters are
from harm; or making it difficult or impossible for
• security concerns. the general public to access
amenities such as a building;
The European Court of Human Rights has • if it blocks access to a private
said: dwelling (like a house); or
“any demonstration in a public place • if it is held late at night in a purely
inevitably causes a certain level of residential area. The “context and
disruption to ordinary life, including nature of the protest” will be
disruption of traffic, and [...] it is taken into account by the Court.
important for the public authorities
to show a certain degree of
tolerance towards peaceful
gatherings”.

10 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
My rights during the protest

Does my protest have to Are there rules about slogans

be peaceful? or signs?
Yes. Protesters are not protected under the It depends. Using coarse language or
Constitution or human rights law if they swear words does not make a protest
threaten or use violence. But the question unlawful. But using language or displaying
of what peaceful protest is may be open to signs that can be considered threatening,
interpretation. abusive or insulting to a level that could
cause a breach of the peace could be
considered criminal behaviour.
Peaceful protest
The Irish courts have not examined what
The European Court of Human Rights the threshold (level of seriousness) for
(ECHR) has held that if protestors remain “insulting” or “obscene” might be at a
peaceful while surrounded by others who protest. The European Court of Human
are protesting unlawfully or violently, they Rights has held that even where a
may continue a protest with the protection demonstration may annoy or give offence
of the ECHR. Violence or disorder that the participants in the demonstration must
coincides with the protest but is not part of be able to proceed.
the protest will not remove the protection
of the law from the protest. This means
that even if some people engage in
violence, the peaceful protesters still have
a right to continue their protest.

If not peaceful, Gardaí can

get involved
If Gardaí consider that there is a danger to
the public or an imminent or actual breach
of the peace, they may get involved
(intervene) to restrict the protest — but
only as much as is necessary to address
the breach of the peace. A breach of the
peace means a situation where there is a
threat of immediate harm (harm just about
to happen) to a person through an assault,
fighting (affray), riot, an unlawful assembly
or another serious disturbance.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 11
 Can Gardaí ask that I move on? personal belief is not the deciding
factor. So they can’t say, for
Yes. In some circumstances Gardaí can ask example, “He looked like he might
protesters to move on. This is covered be a danger to others.” They have
under section 8 of the Public Order Act. to give a clear reason, such as,
Gardaí must have a reasonable cause to “He looked like he was a danger to
suspect the protester of a certain act or others because he was swinging a
action. The Act lists these acts or actions. stick in a violent manner close to
• A protester is so intoxicated they others.”
are a danger to themselves or to
other people
• A protester is engaged in a serious What rights apply to audio and visual
offence or serious or unnecessary recording?
annoyance
- between 12am – 7am; or Generally, a protester, like a citizen
- after being asked by a Garda journalist, can take audio or visual
to stop. recordings in a public place.
• A protester is using words or
behaviour that are threatening, … but it is different for Gardaí
abusive or insulting to a level that A different set of rules applies to audio or
could create a breach of the peace visual recording by Gardaí. As a public
by another member of the public. body, Gardaí must comply with (follow)
• A protester is obstructing the human rights law, including the law
public highway so that the right of protecting your right to privacy. While
traffic to move is unfairly blocked. Gardaí can watch protests, they cannot
• Protesters are gathering in a record everyone taking part in a protest for
threatening manner (a way that is no reason as this interferes with their
likely to cause others to be afraid). privacy. Broad surveillance that is not
• A protester is seen as loitering – targeted at individuals is not compatible
this is where another member of with the right to privacy.
the public reasonably thinks there
is a possibility of danger to Where Gardaí are focusing their
themselves or to property. It is surveillance on particular people because
unlikely that peaceful protestors they suspect them of criminal activity, their
would be accused of loitering. actions must still be legal, strictly
• A reasonable cause for suspecting necessary, and proportionate. This means
a protestor is planning, engaged in that Gardaí must:
or has committed a crime must be • have a genuine reason to start
based on facts, not opinion. In recording a member of the public;
other words, a Garda’s own • make sure that interfering with

12 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
 privacy is as minimal as possible; it is processed;
and • accurate and updated where
• make sure that interfering with necessary;
privacy is justified by the aim of • kept in a form that allows the
fighting crime. individual to be identified for no
longer than is necessary for the
Gardaí should never use recording to purpose of the processing;
attempt to intimidate or try to persuade • appropriately secured – must be
protesters not to take part in a protest. protected against unauthorised or
unlawful processing and
accidental loss, destruction or
What are my data protection rights if damage.
the Gardai have been recording me?
The General Data Protection Regulation
(GDPR) provides strict rules about
gathering and storing personal data,
including why and how it is collected and
stored. Examples of personal data includes
your name and address. These rules may
help to better protect protesters, though
they have not yet been tested for this in the
courts.

Gardaí do have the right to restrict some of

your rights to prevent, detect, investigate
and prosecute criminal offences.

But Gardaí must still act in line with the EU

Law Enforcement Directive, as
incorporated into Irish Law in the Data
Protection Act 2018. Any data collected by
the police must be:
• processed lawfully and fairly;
• collected for specified, clearly
defined and legitimate purposes
and processed only in line with
these purposes;
• adequate, relevant and not
excessive for the purpose in which

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 13
 Do I have to give my name and What can Gardaí legitimately ask me
address to Gardaí if they ask for it? to do during a protest?
It depends. There is no general Gardaí can ask you to:
requirement to give your name and address • stop behaving in a way that would
to Gardaí. But in two particular cases it is be an offence under the Public
an offence if you do not give your name and Order Act;
address or give one that a Garda thinks is • leave the area in a peaceful and
false or misleading. In these cases, the orderly way if Gardaí believe an
Garda is allowed to arrest you without a offence has been committed or is
warrant (judge’s written instruction to about to be committed;
arrest you). • leave land that you are occupying
if you are likely to substantially
There are two ways it is an offence not to damage the land. If you do not
give your name and address leave the land as Gardaí ask, that
1. If a Garda believes that you have could be an offence in itself.
committed an offence under the Public
Order Act, they can ask for your name If Gardaí ask you to move on and you do
and address after they have told you of not, this may be an offence. And although
the offence they believe you may have Gardaí are obliged to facilitate your right to
committed. protest, it is wise to comply with their
direction at the time. If you believe their
2. If a Garda believes you have committed direction was wrong or unjustified, you can
an offence under the Offences against challenge their decision later with the help
the State Act, they can ask for your name of a solicitor.
and address after they have told you they
believe you have committed an offence
under the Offences against the State Act. Can Gardaí block my path?
But they do not have to tell you what
specific offence they think you have Gardaí cannot generally block your path if
committed. you are not under arrest. But if there are
safety or security concerns, Gardaí may
direct you to take another route.

14 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Can Gardaí put up barriers to Can Gardaí arrest me without
restrict free movement? a warrant during a protest?
Yes. Under section 21 of the Public Order Yes. Gardaí can arrest you without a
Act, a Garda superintendent can authorise warrant during a protest if you are:
Gardaí to set up barriers. These barriers • intoxicated in a public place and a
are to stop people accessing an area where Garda reasonably believes you
an event that a large number of people are pose a danger to yourself or
likely to attend is taking place or about to others;
take place. This order is called a section 21 • engaging in threatening, abusive
safety order. or insulting behaviour in a public
place;
At the event, a Garda can direct you to • distributing or displaying
another entrance, but they cannot stop you threatening, abusive, insulting or
entering unless you need a ticket and do obscene material;
not have one. It could be an offence if you • not following the direction of a
do not follow this direction. Garda;
A section 21 safety order does not • criminally trespassing;
otherwise affect the right to peaceful • involved in a riot, violent disorder,
protest, and it does not generally stop a or affray (fighting);
person from going to a public event. • engaged in an assault or
obstruction of a Garda.

What happens if I am arrested?

What is an arrest?
An arrest is when you are taken into Garda
custody and are not allowed to leave.

If you attend a Garda station voluntarily to

assist Gardaí, you can leave at any time.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 15
 Why would Gardaí arrest me? • They believe that you are
committing an offence under the
A Garda may arrest you for a variety of Road Traffic Acts.
reasons. • They find you committing an
offence under the Public Order
To charge you Act.
They may arrest you to charge you with an • You are a foreign national and you
offence. do not show an identity document
when a Garda asks you to without
To detain and question you a reasonable excuse.
You may be arrested to bring you to a Garda • You are a foreign national and a
station where you may be detained (held) Garda suspects that a deportation
and questioned. order has been made against you
but you have not complied with it.
To execute a warrant against you
This means that they would arrest you in These are common examples of situations
line with a judge’s written instruction to do where you could be arrested without a
this. This may be a: warrant, but Gardaí can arrest you without
• bench warrant, or a warrant in many other situations.
• committal warrant

A bench warrant applies when you were Can I be arrested in my home?

supposed to appear in court and you did
not. Sometimes, Gardaí can enter your home to
arrest you. For example, Gardaí can enter
A committal warrant applies if you were your home to arrest you for an arrestable
sentenced to prison in your absence – that offence. An arrestable offence is an offence
is, when you were not in court. with a penalty of at least five years in
prison where you have not been convicted
of an offence before.
Do Gardaí need a warrant
to arrest me?
Can I be arrested if I have not
Gardaí may not need a warrant to arrest committed an offence?
you. They have a wide variety of powers of
arrest. They do not need a warrant if they Yes. You can be arrested without having
are arresting you for one of the following committed an offence. But, in general,
reasons: Gardaí can arrest you only if they have a
• They reasonably suspect that you reasonable suspicion that you have
have committed a serious offence. committed an offence.

16 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Generally, Gardaí cannot arrest you How do I know if I am under arrest?
because they believe that you might assist
with an investigation into someone else. Gardaí must tell you that you are under
But if Gardaí are investigating someone arrest, and it should be clear to you that
under the Offences against the State Act you are not free to leave. You may be
and they suspect you of withholding (not physically restrained. For example, you
providing) information about the crime, may be put in handcuffs.
they can arrest you as this is a separate
offence.
Am I entitled to know the reason
People can be arrested without a warrant for my arrest?
for conspiracy. This might affect you if you
are protesting. For example, if Gardaí Yes. You are entitled to be told in simple
believe you are planning an unlawful language that you are under arrest and the
demonstration where it was planned to riot, reason for your arrest.
you may be arrested for conspiracy.
An exception to this rule can be found
under Section 30 of the Offences against
the State Act. Under this section, you must
simply be told you are being arrested under
that Act.

What should I do if I am arrested?

If you are arrested, try to do these things.
• Stay calm and follow the
directions of Gardaí.
• Make sure somebody knows what
Garda station you are being taken
to.
• Have the name and number of a
trusted solicitor with you.
• Before you are interviewed or sign
a statement, make sure you get to
speak with your solicitor, as this is
your right.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 17
 Do I have a right to remain silent? Can Gardaí arrest me if I am
under 18?
After you give your name and address, you
have a right to remain silent. In some Yes. Gardaí have the power to arrest a
situations, remaining silent may count person under 18, but they must act with
against you in a trial. An example is if you additional respect for your personal rights.
are arrested for a crime that would attract Except in certain circumstances, you
a prison sentence of five or more years. But cannot be questioned unless an appropriate
remaining silent can never be used to prove adult, usually a parent or guardian, is with
your guilt on its own. you.

If a Garda tells you that they are asking You cannot be arrested if you are under 12.
you questions in relation to Section 52 of You cannot be kept in a cell when you are in
the Offences against the State Act, you a Garda station if you are under 12, unless
must answer questions about your you are being held under section 30 of the
movements, actions and knowledge of any Offences against the State Act.
offence under that Act.

Offences under the Act include offences of If I am not an Irish or EU citizen, are
a treasonous nature, such as obstructing there additional concerns?
the government by force of arms.
If you are not an Irish or EU citizen or a
Garda suspects you are not either of these,
the Garda can ask you to produce some
form of ID. If you cannot produce any ID
or a satisfactory explanation as to why you
don’t have ID, you could be detained (held)
and found guilty of an offence.

If you don’t understand English or have

problems understanding Gardaí, you have a
right to ask for an interpreter.

If you are planning to apply for Irish

citizenship, a caution (formal warning from
the Gardaí) or a conviction could make your
application more complicated.

18 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Can Gardaí stop and search me? Can Gardaí use force in
arresting me?
Gardaí can stop you at any time. If Gardaí
have a reasonable suspicion that you have Yes. Gardaí can use reasonable force to
committed a certain type of offence, such arrest you. If too much force is used or the
as a drug offence, they can search you force is not reasonable in the
without your consent and before you have circumstances, the Garda can be
been arrested. This includes people under prosecuted or sued for assault. You can
the age of 18. But, generally, they must tell also complain to the Garda Síochána
you why you are being searched. Ombudsman Commission (GSOC).

Generally, Gardaí must get a search

warrant before they may search your Can I be re-arrested for the same
premises or home without your consent. offence after they have let me go?
Yes. If Gardaí have arrested and released
What if I don’t think I should you, they can re-arrest you:
be arrested? • to charge you with an offence;
• to question you about an offence;
You should not resist arrest even if you or
think that you should not be arrested. If • where they have received more
you resist, you may be injured. Later, information about your suspected
charges could be brought against you for involvement in the offence.
obstructing justice, resisting arrest or
assaulting a Garda, even if it 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 them. If you
have been unlawfully arrested or detained,
you are entitled to a ‘remedy’. This could
include an apology or compensation.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 19
 My rights after the protest

I believe a Garda has acted

unlawfully. What can I do?
If you think a Garda may have acted
unlawfully, do these things as soon as
possible.
• Write down everything you
remember.
• Get contact details from
witnesses, such as names and
phone numbers.
• Take photos of any injuries you
have.
• Talk to a solicitor.
• Complain in writing to the Garda
Síochána Ombudsman’s Office
(GSOC). You can complain to
GSOC without consulting a
solicitor.

I think a Garda has unlawful

possession of my data.
What can I do?
If you think that the collection or retention
of your data is unlawful, you can do
something about it.
• You can write to the Gardaí and
ask what data they have on you.
• You can also complain to the Data
Protection Commissioner through
their website and find out more
about your data rights at
[Link]

20 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
After an arrest You may write or phone your solicitor.
If you do not have a solicitor, you can
consult with the duty solicitor in the
Where will I be brought after I have been station instead.
arrested?
After you are arrested, you may be brought If you are under 18, your parent or
to court or to a Garda station. This will guardian will be notified and asked to
depend on why you have been arrested. attend at the station without delay.
• If you were fined for an offence
and you did not pay the fine, you The member in charge is responsible for
may be arrested and brought your welfare while you are in Garda
before a court. The court may put custody. If you need medical treatment,
you in prison for not paying the food or water, ask the member in charge.
fine.
• If you have been arrested to be At all times during your arrest and
charged, you will probably be detention, Garda members must treat you
brought to a Garda station to be with respect and must not subject you to ill
charged and then brought to the treatment (cause you harm).
District Court or released on bail.
• If you have been arrested for
questioning, you will be brought to What happens if I am a non-national
a Garda station where you could and I am arrested?
be detained.
If you are a non-Irish national, you may
communicate with a diplomatic or consular
What should I do when I am brought representative of your own country. If you
to a prison or Garda station? wish, your consul will be told that you have
been arrested. If you are a national of the
If you are arrested, you should ask either United States of America, your consular
the Governor of the prison or the member representative will be notified of your
in charge of the Garda station to contact arrest unless you request otherwise.
your solicitor immediately. The Governor of
the prison or the member in charge should
tell you that you have a right to a solicitor.

The member in charge is usually the

sergeant working in the custody area in
which you are being held.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 21
 What if I don’t have a solicitor? Can I be interviewed? What are my
rights during an interview?
If you are taking part in a protest, it is best
to have the name and number of a solicitor If you have been arrested for an offence
you trust with you. If you don’t, the that carries a prison sentence of a
member in charge in a Garda station should minimum of five years, you may be
provide contact details for the duty interviewed under caution. This means that
solicitor. A duty solicitor is a criminal you are being interviewed as a suspect in a
defence solicitor who helps people who case and you have a right to have a solicitor
have been arrested. at the interview.

If you think you cannot afford a solicitor,

you can: Will I always be prosecuted
• apply for free legal aid when you after I am arrested?
appear in court; or
• get free legal advice from the Free No.
Legal Advice Centres (FLAC).
1. You may be offered an adult caution. This
means you accept responsibility for
What can I do if a friend or family committing a crime, but you will not be
member is arrested? prosecuted. There must be some
evidence that you committed a crime
If a friend or family member is arrested, before a Garda can give you a caution.
contact their solicitor immediately. The Cautions do not show up on Garda
solicitor will be able to find out where your vetting reports, but you should not
friend or family member is and why they accept a caution without speaking first to
have been arrested. a solicitor.

2. A decision may be made to prosecute

What information must Gardaí give you. If you decide to plead not guilty to
me when I am arrested? the charge, you are entitled to a fair trial.
Your solicitor may advise you that your
They Gardaí must give you a C72 form. This right to protest may be part of your
form tells you about your rights while you defence.
are detained. When you are arrested, you
should be given a copy of the C72 form as
soon as possible. You are allowed to keep
this form while you are detained.

22 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
3. If you are between 12 and 18 you may public order offence, it is
be considered for the criminal diversion considered spent after seven
programme. This involves accepting years. This means you will not
responsibility for the offence and have to declare it in Ireland
receiving a caution. You can find out anymore. But you may still have to
more about the rights of children and declare the conviction in another
young people in ICCL’s Know Your Rights country. It will depend on the
Guide on Children and Young People. local law.

What happens if I am convicted What are the penalties for a public

of an offence? order offence?
If you are convicted of an offence or you If you are convicted of a public order
plead guilty, you will have to pay a fine, offence, you may be fined, put in prison or
spend some time in prison or both. both.

There are many instances where you have If you are convicted of a violent public
to declare a conviction – that is, you will order offence, the penalties will be more
have to say you have a conviction if you are serious.
asked. A conviction may have far-reaching
effects. See table on next two pages.
• If you are travelling, you may
have to declare the conviction.
Depending on where you are
travelling, the conviction might
affect your right to enter that
country.
• If you are Garda vetted for a job, a
conviction will show up on the
vetting report.
• You might not be able to get
certain kinds of jobs.
• You may find it harder to get
credit, loans or insurance.
• It may influence a decision on a
citizenship application, including
an application for citizenship in
Ireland.
• If you are convicted of a minor

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 23
 Offence Penalty Section of
the Act
Intoxicated (drunk) in a public place Fine of up to €500 4

Disorderly conduct Fine of up to €1,000 5

Threatening, abusive or insulting • Fine of up to €1,000, or 6

behaviour in a public place • Prison for up to 3 months, or
• Both

Distribution or display in a public place • Fine of up to €1,000, or 7

of material which is threatening, • Prison for up to 3 months, or
abusive, insulting or obscene • Both

Not following the direction of a Garda • Fine of up to €1,000, or 8

• Prison for up to 6 months, or
• Both

Wilful (deliberate) obstruction of • Fine of up to €400 9

people or traffic without lawful
authority or reasonable excuse

Trespass on a building causing fear or • Fine of up to €2,500, or 13 (1)

likely to cause fear without reasonable • Prison for up to 12 months, or
excuse • Both

Failing to follow a Garda direction to • Fine of up to €1,000, or 13 (2)

stop acting in a manner causing fear • Prison for up to 6 months, or
and leave the area where the Garda • Both
suspects criminal trespass

Involved in a riot or violent disorder • A fine, the value of which is not 14 and 15
specified in the legislation, or
• Prison for up to 10 years

Affray (fighting) • A fine the value of which is not 16

specified in the legislation, or
• Prison for up to 5 years

24 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Offence Penalty Section of
the Act
Blackmail, extortion (getting Minor offence 17
something like money through force or • fine of up to €1,000, or
threats) and demanding money with • prison up to 12 months, or
menaces (threats). • both.

Serious offence
• an unspecified fine
• prison up to 14 years, or
• both

Assault with the intent of causing Minor offence 18

bodily harm • Fine up to €2,500, or
• prison up to 12 months, or
• both

Serious offence
• Unspecified fine, or
• prison for up to 5 years, or
• both

Assault of a Garda, person offering Minor offence 19 (1)

medical assistance or a peace officer • Fine of up to €5,000, or
— which are ambulance staff, fire • prison up to 12 months, or
fighters, prison staff, and so on • both

Serious offence
• Unspecified fine, or
• Prison for up to 7 years, or
• both

Impeding or obstructing medical • Fine of up to €2,500, or 19 (3)

services or a peace officer • Prison for up to 6 months
• Both

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 25
 Do Gardaí have the right to collect Your DNA sample and the DNA profile
my DNA? made from it may be given to other people
or organisations that are involved in
In some cases, Gardaí can collect a DNA investigating a crime or in a court case. The
sample from you. The sample will be used sample or profile may also be sent outside
to create a DNA profile (detailed of the State.
description) of your genetics. This will be
entered into the DNA Database System. But these things must be done in line with
This is regulated by the Criminal Justice the law outlined in the Criminal Justice
(Forensic Evidence and DNA Database (Forensic Evidence and DNA Database
System) Act 2014. System) Act 2014. The legislation outlines
when a DNA sample or the DNA profile may
If you are arrested for a serious offence, be destroyed or deleted from the DNA
usually a serious crime with a prison Database System.
sentence of five or more years, you may be
asked to provide a non-intimate DNA Section 76 of the Act provides that an
sample. A non-intimate sample is a sample intimate sample or a non-intimate sample
of hair, nails or skin or a mouth swab. taken from a person shall be destroyed
within 3 months from the date on which
A Garda of the rank of sergeant or above you are acquitted of the offence (found not
must authorise this sample. Before the guilty by a court) or if the charge was
sample is taken, Gardaí must tell you that dismissed or the proceedings are
the sample has been authorised. discontinued (stopped), and in other
circumstances.
If a non-intimate sample has been
authorised, it is a criminal offence to refuse Remember, if you are in Garda custody,
to give the sample. If you refuse, Gardaí it is important to get legal advice.
can take the sample by force.

Gardaí cannot take an intimate DNA sample

without your consent. Examples of intimate
samples include blood, pubic hair or urine.

26 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Contacts

Complaints
Garda Síochána Ombudsman Commission Data Protection Commissioner
You can make a complaint to the Garda The Data Protection Commissioner
Síochána Ombudsman Comission (GSOC) investigates complaints by individuals who
about the behaviour of a Garda if 1) it has feel their right to privacy has not been
affected you directly, 2) if you were a adequately protected or their personal
witness to the behaviour or 3) on behalf of details have been wrongly used. If you give
someone else if you have their permission. any personal details or information to an
You must complain within six months of the organisation or individual, that organisation
incident taking place unless you have a or person has a responsibility to respect
good reason for the delay. your right to privacy by keeping your
information safe and private.
If you are under 18, your parent/guardian
can also make a complaint on your behalf. Their website also includes a plain English
guide on your rights under data protection
GSOC will decide whether your complaint law.
is admissible. If it is admissible the
Ombudsman may refer the complaint for 21 Fitzwilliam Square South
mediation or an investigation may be Dublin 2, D02 RD28.
carried out by the Garda Commissioner, by Tel: +353 578 684 800
the Garda Commissioner under Garda +353 761 104 800
Ombudsman supervision or by the Garda [Link]
Ombudsman itself. If the complaint is
upheld disciplinary measures may be taken
against the Garda in question or it may be Irish Human Rights and Equality
referred on for criminal prosecution in Commission (IHREC)
more serious cases where a criminal
offence may have occurred. The Irish Human Rights and Equality
Commission (IHREC) works to protect and
150 Upper Abbey Street, Dublin 1 promote human rights, and to ensure that
Lo-call: 1890 600 800 discrimination does not occur in relation to
Email: info@[Link] any of the areas outlined in equality
[Link] legislation.

You can complain to IHREC if you feel that

you have been discriminated against. It can
provide you with information on equality
law. In certain cases it may also provide
legal assistance.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 27
 Contacts

You can ask IHREC to carry out an enquiry Office of the Ombudsman for Children
or to give you legal advice or assistance to (OCO)
take a case if you feel that your human This office advises the government on
rights have been violated. However, it will children and young people. It also does
only consider your request for an enquiry or research and handles complaints. If you
take a legal case where there is no other are under 18 and have been negatively
more appropriate body to deal with your affected by a decision made by a State or
complaint. public body you can make a complaint to
the OCO. The Ombudsman can look at
16-22 Green Street, complaints against a wide range of bodies
Dublin 7, D07 CR20 including Government departments, certain
For information: schools, hospitals, public bodies or
Lo-call: 1890 245 545 organisations providing services on behalf
Tel: +353 (0)1 858 3000 of the State. You can complain directly if
Email: YourRights@[Link] you are under 18 or your parents can make
For enquiries: a complaint on your behalf.
Tel: 01 858 9601
Email: info@[Link] Millennium House, 52-56 Great Strand
[Link] Street, Dublin 1, D01F5P8
Freephone: 1800 202 040
Office: ococomplaint@[Link]
Office of the Information Commissioner Tel: 01 865 6800
If you have applied for any of your records Email: oco@[Link]
from a public body under Freedom of [Link]/[Link]
Information legislation and have been
refused then you may appeal this decision
to the Information Commissioner. You must General Office of the Ombudsman
have asked the public body to carry out a The Office of the Ombudsman examines
review of its original decision before you complaints from members of the public
can ask for a review by the Information who feel they have been unfairly treated by
Commissioner. There is no fee for a review certain public bodies.
if it relates to personal records. 18 Lower Leeson St, Dublin 2
Tel: 01 639 5600
18 Lower Leeson Street, Dublin 2 Email: ombudsman@[Link]
Tel: 01 639 5689 [Link]
LoCall: 1890 253 238
Email: info@[Link]
[Link]

28 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Legal advice
You can seek legal advice from a solicitor if Free Legal Advice Centres (FLAC)
you have a legal query or require legal
guidance or representation in legal This non-governmental organisation works
proceedings or need assistance with legal towards achieving social justice. The
documentation. organisation works across a range of
issues and provides some basic, free legal
You have a right to a lawyer if you are services to the public.
brought to court by the Gardaí and if you
cannot afford one a lawyer will be given to 85/86 Dorset Street Upper,
you by the judge under the Criminal Legal Dublin 1, D01 P9Y3
Aid Scheme (often referred to as Free Tel: 01 874 5690
Legal Aid). If you are under 18 and you Lo-call: 1890 350 250
need a lawyer for some other reason you [Link]
need to have another adult, usually a
parent/guardian, contact one on your
behalf. Below are some useful contact The Law Society of Ireland
details. This is the representative and regulatory
body for solicitors. If you are looking for a
solicitor or have a complaint about your
Legal Aid Board solicitor, you can contact the Law Society.
The Legal Aid Board is responsible for legal
aid if people can’t afford legal assistance. Blackhall Place, Dublin 7
It provides legal aid in relation to civil Tel: 01 672 4800
issues such as personal injury or Email: general@[Link]
applications for asylum. It does not deal [Link]
with criminal issues.

Head Office: Quay Street,

Cahirciveen, Co. Kerry
Tel: 066 947 1000
Email: info@[Link]
[Link]

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 29
 Contacts

Some solicitors’ firms who have expertise Fahy Bambury Solicitors

in criminal defence include the following: 153 North King Street
Smithfield
Sheehan and Partners Dublin 7
Cunningham House, Tel: 01 874 5800
130 Francis Street, Dublin 8 Email: info@[Link]
Tel: 01 453 3477
After Hours: 086 048 1200 M. E. Hanahoe Solicitors
Email: info@[Link] Sunlight Chambers
[Link] 21 Parliament Street
Dublin 2
Michael Finucane Solicitors Tel: 01 677 2353
Third Floor – Merchant’s Hall Emergency: 087 621 7743
25/26 Merchant’s Quay, Dublin 8
Tel: 01 809 0007 Shalom Binchy & Co.
Email: info@[Link] 118 The Capel Building
Mary’s Abbey
Michael J. Staines & Co Solicitors Dublin 7
Lincoln House, Lincoln Lane, Email: info@[Link]
Smithfield, Dublin 7 Tel: 01 872 9485
Tel: 01 873 1366 Emergency: 086 383 9040
Emergency: 086 254 0442
Email: info@[Link] MacGuill & Co. Solicitors
[Link] Address: 34 Charles Street West
Dublin 7
KOD Lyons D07 H26A
Ushers Court, 31–33 Ushers Quay, Tel: 01 878 7022
Dublin 8, Ireland Email: info@[Link]
Tel: 01 679 0780
Emergency: 086 085 9800
Fax: 01 675 9588
E-mail: info@[Link]

30 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
 Public services
Bar Council Citizens Information Board
This is the representative and regulatory
body for barristers. If you are looking for a The Citizens Information Board is a public
barrister (a lawyer who can represent you service information service that provides a
in court) or have a complaint about your wide range of detailed information about
barrister, you can contact the Bar Council. your rights.

Bar Council Administration Office The Board provides information through a

Four Courts, Dublin 7 network of over 250 Citizens Information
Tel: 01 817 5000 Centres (CICs) located throughout the
Email: barcouncil@[Link] country and from their website. CICs can
[Link] provide you with information or direct you
to another appropriate body or mechanism
which may be able to help you. You should
call the helpline or visit their website to
find the closest centre to you.
[Link]

The Citizens Information Phone Service

(CIPS) is funded and supported by the
Citizens Information Board to provide a
comprehensive and confidential telephone
information service. CIPS can be contacted
by phone from 9am to 8pm, Monday to
Friday, on 0761 074 000.

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 31
 Contacts

Government agencies
Department of Justice and Equality National Youth Council of Ireland (NYCI)
51 St. Stephen's Green, Dublin 2, D02 HK52 The National Youth Council of Ireland is the
Phone: 01 602 8201 representative body for around 50
Lo-call: 1890 221 227 voluntary youth organisations in Ireland,
[Link] and uses its collective experience to act on
issues that impact on young people. A full
Department of Foreign Affairs and Trade list of member organisations is listed on
Iveagh House the NYCI website.
80 St Stephen’s Green
Dublin 2 3 Montague Street, Dublin 2
D02 VY53 Tel: 01 478 4122
Tel: 01 408 2000 Email: info@[Link]
[Link] [Link]

Youth participation Children’s Rights Alliance

The Children’s Rights Alliance is a
Comhairle na nÓg and Dáil na nÓg partnership of non-governmental
Comhairle na nÓg are child and youth organisations working to secure the rights
councils operating in 34 local authorities of children in Ireland. The alliance
around Ireland. They enable young people campaigns for the implementation of the
to have a voice on the services, policies and UN Convention on the Rights of the Child.
issues that affect them in their local area. You can contact the alliance if you have any
Each year Comhairle na nÓg sends questions about your rights as a child or
representatives to Dáil na nÓg, the national young person.
parliament for children between 12 and 18
year olds. You can find your nearest 7 Red Cow Lane, Smithfield, Dublin 7
Comhairle na nÓg through their website. Tel: 01 662 9400
Email: info@[Link]
Administrator direct line: 01 647 3000 help@[Link]
Email: citizenparticipation@[Link] [Link]
[Link]

32 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
On the web Disability Federation of Ireland
The Disability Federation of Ireland (DFI)
Irish Internet Hotline is a national support organisation for over
The Irish Internet Hotline provides you 130 voluntary disability organisations in
with a way to securely and confidentially Ireland who provide services to people
report illegal online content and activity. with disabilities. The DFI provides a range
You can make a report by email, post, of services, including information, training,
telephone or by using an app (available on research and advocacy.
their website).
Fumbally Court, Fumbally Lane, Dublin 8
Unit 25 Sandyford Office Park, Tel: 01 454 7978
Blackthorn Avenue, Dublin 18 Email: info@[Link]
Tel: 1890 610 710 [Link]
Email: info@[Link]
[Link]+
Enable Ireland
Enable Ireland provides free services to
Disability rights children and adults with disabilities and
their families from 40 locations in 14
National Disability Authority counties.
The National Disability Authority is the
independent state body that provides 32F Rosemount Park Drive, Rosemount
expert advice on disability policy and Business Park, Ballycoolin Road, Dublin 11
practice to the Government. Tel: 01 872 7155
Email: communications@[Link]
25 Clyde Road, Dublin 4 [Link]
Tel: 01 608 0400
Email: nda@[Link]
[Link]

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 33
 Contacts

Inclusion Ireland Office of the Press Ombudsman

Inclusion Ireland represents over 160 The Press Ombudsman investigates
organisations and campaigns for changes complaints against members of the press.
in services and legislation that will improve
the quality of life and participation of 1-3 Westmoreland Street, Dublin 2
people with an intellectual disability in LoCall: 1890 208 080
Irish society. Email: info@[Link]
[Link]
Unit C2, The Steelworks, Foley Street,
Dublin 1
Tel: 01 855 9891 Press Council of Ireland
Email: info@[Link] The Press Council has developed a code of
[Link] practice for those working in newspapers
and periodicals. The Council appoints the
Press Ombudsman, makes decisions in
Surveillance complex cases and decides on appeals
from the Press Ombudsman.
Surveillance Complaints Referee
If you have a complaint about 1-3 Westmoreland Street, Dublin 2
suspected surveillance activities, you can Tel: 01 648 9130
contact the complaints referee. Email: info@[Link]

Judge Carroll Moran, Complaints Referee

c/o President of the Circuit Court Prison
Four Courts, Dublin 7
Irish Penal Reform Trust
This organisation campaigns for the
Media Complaints rights of people in prison and for prison
Broadcasting Authority of Ireland reform.
This is the independent regulator for radio
and television broadcasters in Ireland. MACRO, 1 Green Street,
Dublin 7, Ireland
2-5 Warrington Place, Dublin 2 Tel: 01 874 1400
Tel: 01 644 1200 Email: info@[Link]
Email: info@[Link] [Link]
[Link]

34 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Immigration & asylum
Irish Naturalisation and Immigration Irish Refugee Council
Service This non-governmental organisation
This is a ‘one stop shop’ for matters advocates on behalf of refugees and
relating to asylum, immigration, citizenship asylum seekers. It operates a Drop-In
and visas. Centre for those who need help or guidance
about the asylum process, as well as a Law
13-14 Burgh Quay, Dublin 2 Centre.
Tel: 01 616 7700
LoCall: 1890 551 500 37 Killarney Street, Mountjoy, Dublin 1
[Link] Tel: 01 7645854
Email: info@[Link]
Law centre tel: 01 764 5854
lawcentre@[Link]
Garda National Immigration Bureau (GNIB)
This section of the Garda Síochána deals
with immigration issues. It registers non- International Protection Appeals Tribunal
national residents of Ireland, issuing GNIB The Refugee Appeals Tribunal decides
ID cards. It also conducts border control appeals of those asylum seekers whose
checks, and investigations relating to applications for refugee status has not
illegal immigrations and human trafficking. been recommended by the Officer of the
Refugee Applications Commissioner.
13-14 Burgh Quay, Dublin 2
Tel: 01 666 9130/666 9101 6/7 Hanover Street East
Email: gnib_dv@[Link] Dublin D02 W320
[Link] Tel: 01 474 8400
Email: info@[Link]
[Link]
Office of the Refugee Applications
Commissioner (ORAC)
This office investigates applications from
persons seeking refugee status, subsidiary
protection and family reunification.

Public Office hours: 08.45 to 16.00 Mon - Fri

79-83 Lower Mount, St. Dublin 2
Tel: 01 602 8000
Email: oracmail@[Link]
[Link]

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 35
 Contacts

Refugee Legal Services Irish Refugee Council

This section of the Legal Aid Board This non-governmental organisation
provides confidential and independent legal advocates on behalf of refugees and
services to people applying for asylum, and asylum seekers. It operates a Drop-In
on immigration and deportation matters. Centre for those who need help or guidance
about the asylum process, as well as a Law
Kerry: Quay Street, Cahirciveen, Co. Kerry Centre.
V23 RD36.
Tel: 066 947 1000 37 Killarney Street, Mountjoy, Dublin 1
Locall: 1890 615 200 Tel: 01 764 5854
Email: info@[Link] Email: info@[Link]
Law centre: 01 764 5854
Dublin: 48/49 North Brunswick Street, lawcentre@[Link]
Georges Lane, Dublin 7
Freephone: 1800 238 343
Tel: (01) 646 9600 Immigrant Council of Ireland
Email: info@[Link] This non-governmental organisation
promotes the rights of migrants through
Cork: North Quay House, Popes Quay, Cork. information, legal advice, advocacy,
Tel: (021) 455 1686 lobbying, research and training. The
Email: corksouth@[Link] Council is also an independent law centre.

2 St Andrew Street, Dublin 2

Criminal Legal Aid Section Tel: (01) 674 0200
Email: admin@[Link]
Dublin: [Link]
48-49 North Brunswick Street,
Georges Lane, Smithfield
Dublin 7, D08 PE0C
Tel: 01 646 9644

Galway:
9 Francis Street, Galway, H91 NS53
Tel: (091) 561 650
Email: galwaylawcentre@[Link]

36 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
The justice system
An Garda Síochána Irish Youth Justice Service
The Irish police service. The Irish Youth Justice Service has
responsibility for leading and driving
Garda HQ: Phoenix Park, Dublin 8 reform in the area of youth justice. It is
Tel: 01 666 0000 staffed by officials from Department of
Garda Confidential Helpline: 1800 666 111 Children and Youth Affairs and the
Emergencies: 999 Department of Justice and Equality. Its
[Link] website contains a range of information,
including on the Garda Diversion
(For complaints about the Gardaí see the Programme and restorative justice
Garda Síochána Ombudsman on page 25) projects.

50-58 Baggot St Lower,

Director of Public Prosecutions (DPP) Dublin 2, D02 XW14
The DPP is in charge of prosecutions on Tel: 01 647 3000
behalf of the state and the people of Email: iyjs@[Link]
Ireland. [Link]

Infirmary Road,
Dublin 7, D07 FHN8 Young Persons’ Probations Service (YPP)
Tel: 01 858 8500 The Young Persons Probation (YPP) is a
[Link] specialised division of the Probation
Service established to work with children
and young people aged 12-18 years who
come before the Courts or who are in the
Children Detention Schools/Centre. It
works closely with the Irish Youth Justice
Service.

Haymarket, Smithfield, Dublin 7

Tel: 01 817 3600
Email: psinfo@[Link]
[Link]

Note: This pack is for your information only. It is not intended to be a substitute for legal advice. 37
 Contacts

Additional contacts
Courts Service Frontline Defenders
The Courts Service manages the courts in A non-governmental organisation which
Ireland. It provides information on the works to promote the rights of human rights
courts system to the public, manages and defenders around the world who are at risk.
maintain court buildings and provides
facilities for users of the courts. 2nd Floor, Grattan House, Temple Road,
Blackrock, Co. Dublin, A94 FA39
15 - 24 Phoenix Street North Tel: 01 212 3750
Smithfield, Dublin 7 Email: info@[Link]
Tel: 01 888 6000
[Link]
Comhlamh
Comhlamh is a non-governmental group
Crime Victims Helpline focused on action for global justice.
The Crime Victims Helpline supports,
informs and empowers victims of crime 12 Parliament Street, Dublin
and all those impacted by crime. It Tel: 01 478 3490
provides information about the criminal Email: info@[Link]
justice system and referrals to other [Link]
resources that may help.

Opening hours: Union of Students in Ireland

Monday- 10.00 a.m. to 7.30 p.m. The Union of Students in Ireland supports
Tuesday to Friday- 10.00 a.m. to 5.00 p.m. third level students throughout Ireland.
Saturday and Bank Holidays- 2.00 p.m. to
4.00 p.m. 14 Mount Street Upper, Dublin 2, D02 EY24
Sunday- Closed Tel: 01 709 9300
Email: info@[Link]
Outside of these hours you can leave a [Link]
message and your call will be returned.

Freephone: 116 006 Activist Legal Support Network

Email: info@[Link] The Activist legal support network is an
Text: 085 133 7711 independent group with a focus on
[Link] supporting protesters seeking social change.

activistlegalsupportireland@[Link]
[Link]

38 Irish Council for Civil Liberties / A Guide to the Right to Protest 2019
Know your rights:
The Right
to Protest
Know Your Rights is a public This guide was researched and written
information project of the Irish Council by Brian Storan BL, Damien Coffey of
for Civil Liberties (ICCL), designed to Sheehan Solicitors and Doireann
inform people in clear and accessible Ansbro of ICCL.
language about their rights under
various key areas of the law in Ireland. ICCL would like to thank all who
This is the seventh guide in the Know contributed to the guide, especially the
Your Rights series. This, and other protest groups around Ireland who
guides in the Know Your Rights series, participated in ICCL’s national
are also available for print and consultations during June 2019.
download free of charge on our
webpage: ICCL would like to acknowledge the
[Link]/know-your-rights-2/. suport of the International Network of
Civil Liberties Organisations, (INCLO).
This guide provides information in plain
language about your rights when
organising a protest, your rights during
a protest and your rights after a protest,
including if you have been arrested.

Published by the
Irish Council for Civil Liberties (ICCL)
Unit 11, 34 Ushers Quay
Dublin 8
T: 01 912 1640
E: info@[Link]
[Link]

Statement of the law as of December 2019