A comprehensive guide to the work and practice of solicitors defending suspects in Garda stations in Ireland. Drawing on research and both national and international law, it explores what the role of the solicitor is in the Garda station, and what role the interview plays in the criminal justice process. It reflects on what the law is, contextualises the law, provides practical guidance on criminal defence at the Garda station and provides examples of how difficulties are overcome.
The book takes an interdisciplinary approach, providing the most comprehensive analysis of the criminal defence process in the Garda station. It outlines the skills necessary to defend suspects in Garda stations, which differs so greatly from court, and takes the practitioner through the entire process from first contact, to deciding to attend to pre-interview consultation. With a focus on dealing with the specific needs of more vulnerable clients before looking at the interview itself, particular attention is paid to the thorny issues of disclosure and the right to silence, before considering some of the more practical dimensions of acting in criminal defence work.
The book is required reading for all criminal defence practitioners, prosecutors, defence barristers and those working in this area. Dr Vicky Conway and Professor Yvonne Daly have provided specialist training in this area to solicitors and Gardai in Ireland through the SUPRALAT training programme and it draws on much of that training for suspect interviews. The SUPRALAT project, funded by the European Union, developed training for criminal defence practitioners on attending police stations. It focuses on advancing the skillset needed for consulting with clients, attending interviews and related work with the concept of active criminal defence at its core. Professor Ed Cape of the University of Bristol, author of Defending Suspects in Police Stations, said: 'The SUPRALAT training programme is the best training for police-station lawyers that I have seen anywhere in the world.'
Beyond practitioners, this book will also be of interest to policy makers, academics and students in the criminal justice space, both domestically and internationally. Not only is increasing attention being paid across Europe to the practice of criminal defence work (the original SUPRALAT training has been built upon by the NEPRALAT network) but there is also increased attention being paid in socio-legal work to the practice of criminal defence representation. With a range of European Directives in this area focused on suspects rights, this work is also hugely relevant in the human rights field.
Read an extract of Criminal Defence Representation at Garda Stations
Table of Contents
Chapter 1: Introduction Chapter 2: The Law Right of Access Treatment in Custody
Chapter 3: Attending the station Role of the police Role of the lawyer Active lawyering Practical organisation Legal Aid Mapping the existing criminal defence practice Low numbers attending Sole v firms On call Time constraints Frequency Chapter 4: Station Skills The Skills Needed - communication - rapport building - open closed questions - adjusting language - assessing understanding - conflict resolution - professional values - reflection
Chapter 5: The Process First contact Garda list Competition Decision to attend Relevant Factors Importance of Attendance Clients Arrival Member in Charge Disclosure
Chapter 6:The Consultation Changing purpose Strategy What they do Privacy Challenges Phone based Difficult clients Voluntary consultations
Chapter 7: Vulnerable Clients Risk Assessment Young Appropriate Adults Language Barrier Interpreters Substance use Doctors Mental Health Other Vulnerabilities
Chapter 8: The Interview Decision to attend The importance of attending and representation Difficult and vulnerable clients No Comment Interventions When and How The impact Power dynamics Threat of ejection No judge GSIM Practicalities Note-taking Seating Laptops and Phone Trainees The Code Dynamic with Clients and Gardaí First Interview Voluntary interviews
Chapter 9: Disclosure Chapter 10: Right to silence Chapter 11: Lawyering in the Police Station Garda Space (including powerlessness and visibility) Stress, Fear and Pressure Safety Facilities Legal Aid Time wasting Status and Respect Impact on Life Coping Colleagues Support Reflecting Impact on Work Departures from the profession
Chapter 12: Analysis How do lawyers feel about the work? Negatives Positives Fears Powerlessness Their role Active lawyering What's working / What's not Consistency Clarity Low numbers attending Changes in the Criminal Justice System Lack of garda accountability
Chapter 13: Conclusion Research and reform needed
Appendix Methodology Treatment in Custody Regulations Directives