Solicitor not present during questioning

mikemac1

Pretty much every American and British TV show (yes I know it's TV) will have the suspect being interviewed and their solicitor/lawyer sitting beside them

The solicitor can jump in at any stage and make points or object to certain questions

I got this from a UK site

Once you have had time to consult with your solicitor, you should be formally interviewed by the police. This interview should be tape-recorded. Your Solicitor (and appropriate adult, or interpreter if you need one) should be present throughout your interview.

But it's different in Ireland

The solicitor is not entitled to be present at the interview, but you are entitled to a consultation with the solicitor out of the hearing of a Garda.
http://www.citizensinformation.ie/en/justice/arrests/interview.html

I just assumed Ireland and the UK were the same here

Why is Ireland different?

And does this cause problems?
Client gets asked a question, hold on, I'll go to the next room and ask and come back again.
Next question comes up, ok I'm not sure should I answer. Stop the tape and I'll go ask and I'll come back


Should Ireland allow the solicitor in the room while the tape is running and allow them to speak up and guide the client?
I just assumed that was how it was done, seems not. The gardaí don't let them in the room when the tape is on and I was suprised at that

Marcusm

mikemac1 wrote: »

Pretty much every American and British TV show (yes I know it's TV) will have the suspect being interviewed and their solicitor/lawyer sitting beside them

The solicitor can jump in at any stage and make points or object to certain questions

I got this from a UK site


But it's different in Ireland



I just assumed Ireland and the UK were the same here

Why is Ireland different?

And does this cause problems?
Client gets asked a question, hold on, I'll go to the next room and ask and come back again.
Next question comes up, ok I'm not sure should I answer. Stop the tape and I'll go ask and I'll come back


Should Ireland allow the solicitor in the room while the tape is running and allow them to speak up and guide the client?
I just assumed that was how it was done, seems not. The gardaí don't let them in the room when the tape is on and I was suprised at that

I don't think that there's always a tape either!!!

Procrastastudy

Used to / may still be different in Scotland too through a being "detained" rather than being arrested.

Policeman "If you don't agree to be detained we'll have to arrest you"
Joe Soap (Not wanting to be arrested) "Oh I'll sign that to be detained"

Then you eneded up in a legal limbo where there was theoreticly no right to see a solicitor and no time limit. There was also no option to just walk out.

I've asked the question a few times and always be told thats the way it is so +1 to knowing why Ireland chose this way.

BornToKill

Lavery v. Member in Charge Carrickmacross Garda Station establishes a right of 'reasonable access' to a solicitor but also that a solicitor is not entitled to be present during interviews. More on it here.

Reasonable access would not mean the interviewee being allowed to stop the interview every few minutes to go consult his solicitor.

Marcusm

GCDLawstudent wrote: »

I've asked the question a few times and always be told thats the way it is so +1 to knowing why Ireland chose this way.

Hard cases make bad law; in the past 40 years, Ireland has chosen to enact increasingly intolerant criminal justice provisions in response to external exigencies (outbreak of violence in Northern Ireland, murder of Veronica Guerin, Omagh bombing).

During the 1980s, it was common in Ireland to decry the use of Diplock courts (single judge, no jury) to try criminal trials in NOrthern Ireland pointing out the relative liberalism of the 3 judge Special Criminal Court. Move on 10 or 15 years and Ireland is using those courts to try organised crime/drugs cases.

Enact in haste, repent at leisure.