Criminal Defence Representation at Garda Stations

Criminal Defence Representation at Garda Stations cover

Criminal Defence Representation at Garda Stations


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.

Table of Contents

Chapter 1: Introduction
Access to a lawyer in garda detention
The Supralat programme
Aim of the Book

Chapter 2: Lawyering in the Garda Station
Dislikeable Features
Practical Issues

Chapter 3: Access to Legal Assistance: The Law
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

Chapter 4: The Role of the Lawyer
Role of the Lawyer
Seven Functions of Lawyers: ADJRESS
Active, Client-Centred Lawyering
The Right to Competent Representation

Chapter 5: Effective Communication in the Garda Station
Importance of Good Communication Skills
Communicating Effectively with Clients
Communicating Effectively with gardaí
Professional Core Values

Chapter 6: Clients with Additional Vulnerabilities
Existing Regulation
Substance Use and Addiction Issues
Women in Custody
Sexuality and Gender Identity
Offence Type
Harm Sustained in Custody
Importance of Attendance

Chapter 7: Children as Clients in the Garda Station
Children as Suspects

Chapter 8: Attending at the Garda Station
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

Chapter 9: First Contact with the Client
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

Chapter 10: The Consultation
Changing Purpose
The Role of the Lawyer
Aim of the Consultation
Checklist for First Consultation
Duration of Consultation
Challenging Clients
Multiple Clients

Chapter 11: The Interview
Legal Rules
The Interview Process
The Role of the Lawyer at Interview

Chapter 12: Disclosure and the Right to Silence
The Right to Silence
Advising on the Right to Silence
Inferences and Offences Based on Silence
Pre-Inference Interview Disclosure
Advising on Inferences

Chapter 13: Conclusion
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


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)

Product details

Published 17 Apr 2023
Format Ebook (PDF)
Edition 1st
Extent 304
ISBN 9781526522689
Imprint Bloomsbury Professional
Publisher Bloomsbury Publishing

About the contributors


Vicky Conway

The late Dr Vicky Conway was an Associate Professo…


Yvonne Daly

Professor Yvonne Daly is Professor of Criminal Law…

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