Professional Advice for When at A Garda Station
Being arrested and conveyed to a Garda Station for questioning is a hugely stressful experience. You may also have to comply with some invasive demands, such as the taking of photographs and DNA samples. Facing questioning under such circumstances is not easy. It is vital that anyone detained in a Garda Station knows their rights and receives the help, protection and guidance of an experienced criminal solicitor.
Two Important Things You Need To Know
Firstly: In 2014 a significant change was introduced to the detention procedure. A detained person is now entitled to have their solicitor present during their interview at a Garda Station. Before that, this right did not exist and you were only entitled to consult your solicitor prior to your interview.
Secondly: The law has changed considerably over the last number of years and the result is that the rights of detained persons have greatly diminished. In particular, the right to remain silent has been eroded by recent legislation - despite concerns raised by defence lawyers like us and human rights advocates. The right still exists but now, remaining silent can adversely affect your case in the future. A jury is entitled to draw inferences from the fact that an accused person did not answer certain questions put to them at interview. This makes interviews a minefield.
Our Advice
Do Stay Calm And Proceed Carefully.
The most important advice for anyone detained at a Garda Station is to exercise caution. Your case starts here and what you say, or don’t say, during your interview will have a significant bearing on the outcome of your case. This is why you need a solicitor by your side, advising you on the law relating to inferences, foreseeing potential pitfalls and advising you so you can make an informed decision.
Do Not Agree To Be Interviewed Before You Have A Solicitor.
When your solicitor arrives at the Garda Station they will have a consultation with you in private. They will advise you on your rights in the Garda Station, the interview procedure, the length of time you may be detained (this depends on which legislation you have been detained under) and, crucially, your best options during the interview. They will also carefully offer guidance and advice during the interview.
Do Not Imagine That Making A Statement Means You Will Be Released Sooner.
We have been told by many clients that they made a statement to the Gardaí in order to be released from Garda custody as quickly as possible. This is a mistake that you will not make with a solicitor there to advise you. Part of your solicitor’s job is to have you released from custody as soon as possible. Your solicitor knows that you can not be detained unnecessarily and the power of detention may only be invoked for the proper investigation of an offence. Once the Gardaí have questioned you and you have complied with the various requirements, they must either charge you or release you from custody immediately.