As is the case with any Bank Holiday weekend, Ireland's roads are bound to be a bit busier as people travel around the country.
On that note, there could be more checkpoints over the next few days and some multi-agency vehicle checkpoints are carried out and administered on Irish roads by the Gardai and other authorities.
The Gardai, Road Safety Authority, Customs, Revenue and the Department of Social Protection can all take part in the checkpoints.
However, many Irish people have never come across such a checkpoint before.
On this note, here's why the authorities can stop motorists at a checkpoint and what they can ask...
PPS checks and the Department of Social Protection involved in checks
The Department of Social Protection can also take part in the checkpoints and they do so to detect and prevent fraud.
Earlier this week, Gardai issued an on-the-spot fine of €2000 as hundreds of motorists were stopped at a checkpoint in Kildare.
Officers were joined by members of Revenue, Customs and the Department of Social Protection as part of the unusual operation.
Customs officers assessed a total of 50 vehicles and discovered that one was using green diesel.
This led to an on-the-spot fine of €2000 for the driver.
The Department of Social Protection also spoke to well over 100 people and Gardai said that these checks were "in line with Department legislation".
Why the Department of Social Protection can be involved
Speaking previously with the Irish Mirror, a spokesperson for the department said: "As part of a range of initiatives to prevent and detect fraud, the Department of Social Protection participates in multi-agency vehicle checkpoints (MAVCs) on an on-going basis.
"These are primarily set up by An Garda Síochána and are planned in consultation with other participating agencies such as Revenue.
"These MAVCs facilitate an approach whereby all agencies can comprehensively identify individuals engaged in vehicle tax evasion, road traffic irregularities or social welfare and tax fraud in particular locations.
"In line with powers that are provided for in social welfare legislation, officers from the Department’s Special Investigation Unit participate in these checkpoints in the detection and prevention of social welfare fraud.
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"The general focus of inquiries is related to individuals driving commercial vehicles – haulage, transport and taxi – including those at taxi ranks at airports. Where inquiries suggest that irregularities have occurred they are pursued further.
"The deployment of Department of Social Protection personnel on checkpoints is adjusted having regard to operational priorities and the approach is modified in light of experience.
"Importantly the response of legitimate traders, businesses and their representative organisations especially those involved in transport and other sectors is very favourable towards this measure.
"They also receive considerable on the ground public support and endorsement."
Gardai checks and what they can search/ask for
If Gardai are investigating and detecting crime, they are entitled to observe the actions of any individual.
However, the Gardaí must act in accordance with the law when questioning members of the public. To do this, the Gardaí are given certain powers to stop and question the public.
The following information is provided by Citizens Information :
"Most of the powers given to the Gardaí to stop and question members of the public are set out in legislation (known as statutory powers). However, there are a number of instances where a Garda is entitled to stop and question you where no statutory power exists. This is known as a common law power."
An example of this would be where a Garda observes you acting suspiciously late at night in an area where a lot of crimes are being committed. The Garda is entitled to stop you in order to detect and prevent crime. You are under no legal obligation to co-operate with the Garda and the Garda cannot use force to restrain your freedom under common law, short of arresting you.
However, if the Garda has reasonable grounds for suspecting that you committed an offence, the Garda can use a statutory power to demand your name and address. If you refuse to provide them, then the Garda can arrest you.
The Gardaí have a common law power to stop motorists at random in order to detect and prevent crime. This power can be used, for example, to stop cars near pubs to identify drunk drivers or in order to check cars passing through an area where a lot of crime had been committed.
The statutory powers that Gardai have
A Garda is entitled to stop a motorist under common law for the purpose of detecting and preventing crime.
The Garda is also entitled to stop a motorist under a statutory power given under Section 109 of the Road Traffic Act 1961, which obliges a motorist to stop their vehicle when required to do so by a Garda.
This statutory power is given to the Gardaí for the purpose of inspecting vehicle tax, insurance certificates, driving licenses and roadworthiness of vehicles. Unlike common law power, it is confined to road traffic offences.
There are numerous statutory provisions that allow the Gardaí to stop someone for certain purposes. However, the only statutory provision which specifically permits a Garda to stop and question someone, short of arresting the person, is section 30 of the Offences Against the State Act 1939.
Section 30 allows a Garda to stop and interrogate anyone whom the Garda suspects of having committed or being about to commit an offence under the 1939 Act or an offence scheduled for the purposes of the Act.
There are a number of offences listed as being scheduled offences, such as, firearms offences and explosive offences. This gives the Gardaí the power to stop a suspect in a public place. It also gives them the power to stop any vehicle, or any ship, boat or another vessel for the purposes of questioning and searching, and if necessary, arresting the suspect.
