Dáil Éireann Debate, Tuesday - 1 February 2011
157 Deputy Michael D. Higgins asked the Minister for Justice and Law Reform further to Parliamentary Question No. 49 of 8 December 2010, the rules and regulations which apply to the use of batons by gardaí; the location at which citizens of this State can publicly access such rules; and if he will make a statement on the matter. [4547/11]
Amharc ar fhreagraThere are no specific legislative regulations which apply to the use of batons by members of An Garda Síochána. All members of An Garda Síochána receive training in the use of batons before issue.
The use of force is regulated by common law and disparate statutory provisions. At common law any person could use reasonable force in self defence, to effect an arrest or to prevent crime. The Non-Fatal Offences against the Person Act 1997 does not confer a power to use force but protects the user of force against criminal liability when reasonable force is used in certain circumstances, namely, self-defence, defence of property, to prevent crime or a breach of the peace and to effect a lawful arrest.
There are internal Garda regulations governing the use of batons. The regulations provide that care must be taken to avoid striking anyone deliberately on the head and that the legs and arms should be aimed at, these being parts of the body least likely to suffer serious injury. They also provide that no more force is used than is necessary to secure the legal object to be achieved. Garda regulations regarding the use of batons are not available to the public as they are internal operational policy documents.
