solicitors present during suspect interveiws.

scrummonkey

The DPP has directed Gardai to allow solicitors be present during questioning of detainees.
This seems to be, for the most part, uncommented on, but is it not a fundemental change in the prosecutorial process ? Constitutional rights have finally developed to require this protection as part of fair proceedures and right to a fair trial. Is it all good though ? I would have thought that this will lead to many collateral issues , will the interview process be undermined, hindered, by constant interruptions, clarifications etc by solictors ? Will this lead to longer and slower litigation bogged down with side issues ? Less prosecutions brought ? What if a solicitor is not available or delayed for hours ? Can a Grada refuse a solicitor ? Surely this requires definitive legislation rather than a meer DPP direction based on the Supreme Court decisions of Gormely and White ? What do you think?

Santa Cruz

The amount of cases being decided on the basis of statements of admission is decreasing. Forensic evidence, guilty pleas after being caught in the act are more often the case now. The Garda cannot refuse access to a solicitor. On the other hand solicitors cannot frustrate an investigation by overly delaying attendance. I can see a situation developing where there will be a duty solicitor available (more money for our legal friends) Interviews are recorded by video and audio now in any serious matter. There are every few disputed statements now as they are on video and the custody regulations allow for legal and medical attendance. Breach them and the statement will be thrown out
If it leads to lower convictions so be it. Probably end up with severer sentences as in the UK as the Judiciary realise that they will only get one chance to sentence .

Fred Swanson

This post has been deleted.

johnnyskeleton

Santa Cruz wrote: »

The amount of cases being decided on the basis of statements of admission is decreasing. Forensic evidence, guilty pleas after being caught in the act are more often the case now. The Garda cannot refuse access to a solicitor. On the other hand solicitors cannot frustrate an investigation by overly delaying attendance. I can see a situation developing where there will be a duty solicitor available (more money for our legal friends) Interviews are recorded by video and audio now in any serious matter. There are every few disputed statements now as they are on video and the custody regulations allow for legal and medical attendance. Breach them and the statement will be thrown out
If it leads to lower convictions so be it. Probably end up with severer sentences as in the UK as the Judiciary realise that they will only get one chance to sentence .

Id almost say the opposite, that with DNA and CCTV offering exculpatory evidence in many trials, the state seeks longer detention periods and greater powers to draw inferences etc.

You've heard of a papers only appeal? Soon there will be papers only trials

mcgarrett

Heard about a recent Sec. 50 detention where the solicitor sat in on all interviews.
The detention ran it's full 7 days.

mcgarrett

Heard about a recent Sec. 50 detention where the solicitor sat in on all interviews.
The detention ran it's full 7 days.

Fred Swanson

This post has been deleted.