This book goes behind the closed doors of the garda station, providing a contemporary account of the role of criminal defence lawyers who represent those arrested, detained and questioned therein. It draws on the expert analysis and experience of authors Vicky Conway and Yvonne Daly, who developed and delivered specialist training for police station lawyers across Europe, and in-depth qualitative interviews that they conducted with 44 practising solicitors in Ireland.
This book is a comprehensive guide for criminal defence lawyers offering insights on the breadth and importance of their role and focusing on the skills necessary to effectively fulfil all aspects of that role.
You are led through the entire process from first contact, to deciding to attend, to pre-interview consultation and then the interview itself. Particular attention is paid to enhanced communication skills and to addressing the needs of vulnerable clients. Perennial issues such as pre-interview disclosure and the right to silence are also comprehensively explored.
It is essential reading for practitioners who attend garda stations regularly, those looking to conduct more of that work or those starting out in law, as well as gardaí. For prosecutors, barristers and judges, it provides a great insight into the dynamics of the earliest stages of the criminal justice system. It will also be of interest to policymakers, academics and students in criminal justice, on both a domestic and international level, and those interested in learning more about the operation of the Irish criminal process.
This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Read an extract of Criminal Defence Representation at Garda Stations
Table of Contents
Chapter 1: Introduction Access to a lawyer in garda detention The Supralat programme Context Methodology Aim of the Book Structure
Chapter 2: Lawyering in the Garda Station Introduction Motivations Dislikeable Features Fears Practical Issues Training Coping Departures Conclusion
Chapter 3: Access to Legal Assistance: The Law Introduction Traditional Irish View on the Right of Access to Legal Advice Irish Law Developments Garda Code of Practice and Law Society Guidance Oversight of An Garda Síochána Conclusion
Chapter 4: The Role of the Lawyer Introduction Role of the Lawyer Seven Functions of Lawyers: ADJRESS Active, Client-Centred Lawyering The Right to Competent Representation Conclusion
Chapter 5: Effective Communication in the Garda Station Introduction Importance of Good Communication Skills Communicating Effectively with Clients Communicating Effectively with gardaí Professional Core Values Conclusion
Chapter 6: Clients with Additional Vulnerabilities Introduction Existing Regulation Substance Use and Addiction Issues Disabilities Ethnicity Women in Custody Sexuality and Gender Identity Offence Type Harm Sustained in Custody Importance of Attendance Conclusion
Chapter 7: Children as Clients in the Garda Station Introduction Children as Suspects Conclusion Chapter 8: Attending at the Garda Station Introduction Decision to Attend Presumption of Attendance Seriousness of the Offence Client's Specific Needs or Vulnerabilities Availability to Attend Disclosure and Unexpected Turns in Interview Attendance – Client's Choice or Lawyer's Choice? Importance of Attending the Interview Conclusion
Chapter 9: First Contact with the Client Introduction Selecting a Garda Station Lawyer Clients Declining Legal Assistance Garda Station Legal Advice Scheme The Initial Phone Call Telephone Conversation with Client Arrival at the Garda Station Conclusion
Chapter 10: The Consultation Introduction Changing Purpose The Role of the Lawyer Aim of the Consultation Checklist for First Consultation Privacy Duration of Consultation Challenging Clients Multiple Clients Conclusion
Chapter 11: The Interview Introduction Legal Rules The Interview Process The Role of the Lawyer at Interview Conclusion
Chapter 12: Disclosure and the Right to Silence Introduction The Right to Silence Disclosure Advising on the Right to Silence Inferences and Offences Based on Silence Pre-Inference Interview Disclosure Advising on Inferences Conclusion
Chapter 13: Conclusion Introduction Lack of Regulation and Future Plans Availability of Lawyers Communication Skills and Training Active, client-centred lawyers ADJRESS their clients' rights Clients with Additional Vulnerabilities, and Children Selection of Garda Station Lawyers Garda Station Legal Advice Scheme Disclosure and the Right to Silence Consultations and Interviews The Role of the Member in Charge Data and Research Conclusion
Appendices Appendix 1: Role of the Lawyer – ADJRESS Appendix 2: Detention Periods Appendix 3: Checklists Appendix 4: Law Society Guidance for Solicitors Providing Legal Services in Garda Stations (reproduced with the permission of the Law Society of Ireland) Appendix 5: AGS Code of Practice on Access to a Solicitor by Persons in Garda Custody (reproduced with the permission of An Garda Síochána) Appendix 6: Information for Persons in Custody and Letter of Rights C.72(S) (reproduced with the permission of An Garda Síochána) Appendix 7: Custody Record C.84 (reproduced with the permission of An Garda Síochána) Appendix 8: Risk Assessment Form C.84(A) (reproduced with the permission of An Garda Síochána)