Question about remand prisons in Dublin

nikki777

Hi at all,

I am a writer from Germany and currently writing a novel that takes place in Dublin. But research about certain things is harder than I thought, so I hope you can help me with some questions despite my kind of bad school English :rolleyes:

In the story I write a person is imprisoned because the police thinks he might have killed somebody. In this case, would the person be taken to a prison or to a police station? And to which prison/ police station? The one that is closest to where he has been captured? Or are there certain rules?

When he is in prison and waiting for someone to prove his alibi, would he be allowed to wear his own clothes? And to keep his belt and shoelaces?

And, the last and (I guess) most complicated question: When the wive of the suspect proves his alibi, would the police let him go? In Germany they would, but I don't know the irish law and it might at least be possible that the wive would lie for her husband.

I really hope that somebody here can help me, every small information would help :-)

Greets from Berlin,
Nikki

Victor

nikki777 wrote: »

In this case, would the person be taken to a prison or to a police station?

Initially to the local Garda station. However, that would depend on their being available cell space at that station, so it might be an adjacent station. The Garda would have a certain amount of time (12 hours?) before they would need to charge or release the accused. He would then go before a judge for a bail hearing. For murder, bail would be unlikely. I think for a murder case he would then be sent to Cloverhill Prison, although Mountjoy Prison might be an option.

When he is in prison and waiting for someone to prove his alibi, would he be allowed to wear his own clothes?

I'm not sure. Convicted prisoners are issued a uniform initially, but if they behave, they are allowed their own clothes after a few weeks. I'm not sure about remand prisoners.

And to keep his belt and shoelaces?

Belt and shoe laces would be taken away immediately he was sent to a cell in the Garda station. He might get his shoe laces back in prison, but not the belt. While using them in an assault is a risk, suicide is a greater risk and that is greatest in the time after arrest or sentencing.

And, the last and (I guess) most complicated question: When the wive of the suspect proves his alibi, would the police let him go? In Germany they would, but I don't know the irish law and it might at least be possible that the wive would lie for her husband.

It would depend on whether they believed her. Note that there are certain rules about evidence between married people.

nikki777

Thanks for the quick answer :-)

Note that there are certain rules about evidence between married people.

Do you (or does anybody) here know any details about these rules?

CIARAN_BOYLE

nikki777 wrote: »

Do you (or does anybody) here know any details about these rules?

http://www.citizensinformation.ie/en/justice/witnesses/who_can_be_forced_to_be_a_witness.html

Below is the time that the suspect can be held without charge
http://www.garda.ie/Controller.aspx?Page=5147&Lang=1

If the DPP bring charges they will have eenough evidence that they are unlikely to just release him because one person supports an alibi

dermot_sheehan

nikki777 wrote: »

Hi at all,


In the story I write a person is imprisoned because the police thinks he might have killed somebody. In this case, would the person be taken to a prison or to a police station? And to which prison/ police station? The one that is closest to where he has been captured? Or are there certain rules?

There are no particular rules on which garda station he is taken to. Detention for questioning is subject to certain time limits and extensions can be sought off a senior garda officer and then a judge I think the poster above has a link to the time limits.

Once a decision is made to charge him he would be brought before the next sitting of the District Court. In Dublin that could be in the Criminal Courts of Justice, the Bridewell, Dun Laoghaire, Tallaght or Blanchardstown.

The District Court does not have authority to admit him to bail for murder but could if he was charged with manslaughter.

The District Court in a murder case would remand him to clover hill, a remand centre on the western outskirts of Dublin and he would be remanded to appear at the District Court connected to the remand centre in a week's time.

He could apply for bail from the High Court sitting in Cloverhill.

When he is in prison and waiting for someone to prove his alibi, would he be allowed to wear his own clothes? And to keep his belt and shoelaces?

He can wear his own clothes in prison, I think the gardai will take laces and belts off people in garda cells but I'm subject to correction

And, the last and (I guess) most complicated question: When the wive of the suspect proves his alibi, would the police let him go? In Germany they would, but I don't know the irish law and it might at least be possible that the wive would lie for her husband.

I really hope that somebody here can help me, every small information would help :-)

Greets from Berlin,
Nikki

His case will be mentioned in court a week after being remanded, and then again from time to time. If the prosecution decide not to proceed with the prosecution because of the alibi they can seek to withdraw the charges and he'll be free to go.

Kosseegan

Victor wrote: »

. For murder, bail would be unlikely. I think for a murder case he would then be sent to Cloverhill Prison, although Mountjoy Prison might be an option.

.

Quite a high percentage of murder suspects are admitted to bail. There is a presumption of innocence and the fact that the charge is murder does not alter that. Tghe circumstances in which bail would be refused are if theres is a flight risk, a likelihood of further offences being committed or if witnesses are likely to be interfered with. The onus is on the prosecution to establish any one or more of these factors. The remand would be to cloverhill. Mountjoy is a committal prison only and would only take a prisoner after conviction.

Carawaystick

Kosseegan wrote: »

Quite a high percentage of murder suspects are admitted to bail. There is a presumption of innocence and the fact that the charge is murder does not alter that. Tghe circumstances in which bail would be refused are if theres is a flight risk, a likelihood of further offences being committed or if witnesses are likely to be interfered with. The onus is on the prosecution to establish any one or more of these factors.

the OP could refer to the bail referendum here -- reasons to refuse bail.

Kosseegan wrote: »

The remand would be to cloverhill. Mountjoy is a committal prison only and would only take a prisoner after conviction.

A guy I know was remanded in custody in Mountjoy for 5 or 6 months, several years ago. I don't know if he was acquitted by a jury but I've a inkling the judge directed an acquittal or charges were dropped mid trial. Seemed ( without knowing much at all about his trial) extremely harsh, to be remanded in custody for so long. He wasn;t a flight risk(well afaik); was unlikely to re offend and unlikely to interfere with witnesses - they were all cops/state workers.

Milk & Honey

Carawaystick wrote: »

the OP could refer to the bail referendum here -- reasons to refuse bail.

The bail referendum only allowed the likelihood of committing further offences to be taken into account in deciding a bail application.

Carawaystick wrote: »

A guy I know was remanded in custody in Mountjoy for 5 or 6 months, several years ago. I don't know if he was acquitted by a jury but I've a inkling the judge directed an acquittal or charges were dropped mid trial. Seemed ( without knowing much at all about his trial) extremely harsh, to be remanded in custody for so long. He wasn;t a flight risk(well afaik); was unlikely to re offend and unlikely to interfere with witnesses - they were all cops/state workers.

Apart from the fact that you don't know what exactly happened, it seems to me that the more likely scenario is that he was convicted by a jury and the conviction was quashed by the Court of Criminal Appeal a few months later. That is what happened in the Padraig Nally case.
There is also the possibility that the individual couldn't get a surety for his bail or meet the cash deposit requirements. A remand prisoner might be removed from Cloverhill for his own safety and placed in the Training Unit near Mountjoy or Mountjoy itself.