The power of arrest may only be exercised with the use of such force “as is reasonable in the circumstances”.
The Supreme Court has ruled in a majority decision that a man’s arrest for drink driving was unlawful because he was unjustifiably handcuffed after arrest on foot of a Garda sergeant’s own routine policy of handcuffing drink-driving suspects viagra paris vendre.
It was unlawful to handcuff suspects who were being arrested without consideration to the context, behaviour and demeanour of the arrested person, Mr. Justice Niall Fennelly found. As a matter of principle, the Garda must use only such force as was reasonable in the circumstances.
The decision means a certificate showing the man had failed breath tests cannot be used as evidence and he must be acquitted.