Garda Síochána Act 2005

PT1

What is the Garda Síochána Act 2005?

It is legislation that grants certain limited powers to security officers (private security personnel) to maintain order and protect the public in places like bars, clubs, and events.

What is the “Power of Arrest” under the Garda Síochána Act 2005?

A security officer can arrest an individual committing a criminal offense in their presence (e.g., theft, assault) and must contact the Gardaí immediately.

When can a security officer remove someone from a premises?

When a person is engaging in disruptive behaviour or violating the rules of the establishment, such as fighting or causing a disturbance.

What are the conditions for a security officer to search an individual?

The officer must have reasonable grounds to suspect the person is carrying prohibited items, and the search should ideally be done with consent.

What does the “Power to Detain” allow security officers to do?

Detain a suspected offender until the Gardaí arrive, especially to prevent escape or further disturbance.

What safeguards limit the powers of security officers?

Officers must not use excessive force, must respect individual rights, and must follow proper procedures. Abuse of power can lead to legal action or job disqualification.

In the case of John at Club S, which powers did the security officer use?

Sarah used the power to remove, power to search, and power to detain under the Act due to John’s aggressive behaviour and possession of drugs.

What must a security officer do after detaining someone?

Ensure the person is securely held, call the Gardaí, and document the incident accurately for legal purposes.

What is an example of respecting the rights of the individual during enforcement?

Using only necessary force, seeking consent where possible, and ensuring the person is treated with dignity.

What was the outcome of the John case in Club S?

The Gardaí arrived, arrested John, and he was charged. The officer’s actions were deemed lawful and appropriate.