Right to have solicitor present when being questioned

by8auj6csd3ioq

Can a suspect have a solicitor present when being questioned https://www.irishtimes.com/news/crime-and-law/key-changes-to-criminal-law-get-the-silent-treatment-1.1798659 says the DPP instructed the gardai to allow this in 2014 but this from 2017 http://humanrights.ie/constitution-of-ireland/the-right-to-legal-advice-in-the-garda-station-dpp-v-doyle/ seems to say not.

This is hypothectical . Last night on Prime Time Vicy Conway said a solicitor can be present and that less than 10% have one present. Why would thye not have one

Mr. Incognito

I believe you have a right to have a solicitor present although will have to read the case you posted

They dont have to tell you that unless you ask. They will not volunteer that.

Most people dont know that or are arrested without warning and dont have a solicitor that they know that they can call.

Fred Swanson

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osarusan

There is no such thing as the duty solicitor that you would find in the UK.

So what would actually happen if you say that you don't currently have a solicitor, but want to have one with you for questioning?

Grolschevik

See https://www.lawsociety.ie/globalassets/documents/gazette/gazette-2017/april-2017-gazette.pdf#page=25

On 18 January, the Supreme Court clearly ruled that suspects are not entitled to legal representation during interviews ...

... yet the daily experience of practitioners continues to be access at all times, including interviews.

See also https://www.lawsociety.ie/globalassets/documents/gazette/gazette-2017/nov-17-gazette.pdf#page=14

Earlier this year, however, the Supreme Court in DPP v Doyle refused to recognise this as a constitutional right (see Gazette, April 2017). The practice continues without the guidance of clear legislation or regulation

And from 2014: https://www.lawsociety.ie/globalassets/documents/gazette/gazette-2014/june-2014.pdf#page=10

Solicitors can now attend interviews in garda stations, where a request is made by a suspect to have a solicitor present. The Law Society was informed of this significant change on 7 May 2014

Fred Swanson

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osarusan

Fred Swanson wrote: »

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That would be a fairly slow process though wouldn't it? It could take hours or even days to arrange?

hullaballoo

They would question you anyway. The evidence from the interview could be challenged as unconstitutionally obtained but thanks to a perverse judgment in that connection, it's potentially still admissible.

Fred Swanson

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osarusan

Perhaps I'm missing something, but it seems like a reasonable strategy (even/especially for those who have a solicitor) to pretend that they don't have one and begin the process of 'finding' a solicitor (maybe the one they already have) - who possibly wouldn't be able to attend questioning immediately/on that day.

Ultimate Seduction

Not sure on the legal side, but from experience, I asked for my solicitor when being interagated a few years ago and the guards got a right laugh off it.

hullaballoo

A few years ago, there was no question of having a solicitor present during interview. It's a relatively new phenomenon in this jurisdiction.

Fred Swanson

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osarusan

Fred Swanson wrote: »

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Agreed. I wonder if it would work as a way to put the custody clock on hold though, which might also be to their benefit.

by8auj6csd3ioq

See https://www.lawsociety.ie/globalassets/documents/gazette/gazette-2017/april-2017-gazette.pdf#page=25

On 18 January, the Supreme Court clearly ruled that suspects are not entitled to legal representation during interviews ...

... yet the daily experience of practitioners continues to be access at all times, including interviews.


See also https://www.lawsociety.ie/globalassets/documents/gazette/gazette-2017/nov-17-gazette.pdf#page=14

Earlier this year, however, the Supreme Court in DPP v Doyle refused to recognise this as a constitutional right (see Gazette, April 2017). The practice continues without the guidance of clear legislation or regulation


And from 2014: https://www.lawsociety.ie/globalassets/documents/gazette/gazette-2014/june-2014.pdf#page=10

Solicitors can now attend interviews in garda stations, where a request is made by a suspect to have a solicitor present. The Law Society was informed of this significant change on 7 May 2014


So does it mean it is a legal right but not a constitutional one? Vicky Conway said it is a right for last three years. One of the links mentioned a directive sent by DPP to Garda, would this document be publiclly available

Tenente

for what it is worth the law society now have a register of solicitors wiling to advise in such matters including attending interviews although as far as I am aware it is still relatively rare for a solicitor to attend an interview.

https://www.lawsociety.ie/Find-a-Solicitor/Find-a-Garda-Station-Solicitor/

17togo

If you don't have a solicitor you will be able to pick one yourself from a list provided. There is a list available of criminal solicitors operating in the area. If you want one present in interview you can have one, it's between you and the solicitor to decide.

If the solicitor is being disruptive to the interview they can be asked to leave.
There is no legal right to have the solicitor present in the interview, only guidelines agreed by the law society and the dpp.
But for the Gardaí to refuse to allow one for no apparent reason would probably be more hassle than its worth.
In relation to time wasting in pretending to find a solicitor, you'd be inhibiting the investigation do they'd probably continue without one.

Samuel T. Cogley

As above list in stations AFAIK and some poor bastard at least one of larger firms on call.

Who was it that used to tell the story about Dairy Milks, packet of fags and a can of coke in the boot for distribution to anyone that called him in for his/his friend services?

Lmklad

There seems to a a lot of “in my opinion” and “I’ve heard”

Facts: each prisoner is read the C72 Rights of Persons in Custody. This clearly states that a prisoner is entitled to legal representation and that if the prisoner doesn’t have one, one will be provided.

It is not a matter of running down the clock to find a solicitor. You may nominate your own preference of a solicitor and Gardai are obliged to use all practical methods to contact them. If they are not contactable then a solicitor will be provided for you. Each station has a list of local solicitors and the Member-in-Charge will go through the list until one is available.

Solicitors may at the request of the prisoner sit in on interviews. The solicitor should inform their client of this option however solicitors are only observers and may not interrupt the interview. Of course they will note anything they consider I breach of the prisoners rights and this will be used to argue any evidence.

Fred Swanson

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by8auj6csd3ioq

There is no legal right to have the solicitor present in the interview, only guidelines agreed by the law society and the dpp

Here is what Vicky Conway said https://sendvid.com/j207o403

mynamejeff

Fred Swanson wrote: »

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Thats simply Not true
When arrested you are a given a notice of right , including information as to access to solicitor .
Usually the first question in a garda interview is do you wish to consult a solicitor or are you happy to go ahead with the interview wit out a solicitor present.

In reality most solicitors choose not to attend interviews as if they make a mistake or anything is said during the interview of evidentual value they have a better chance of getting it chucked out if they weren't there ,

mynamejeff

Fred Swanson wrote: »

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Also not true , If you dont have one there is a free legal aid panel list in garda stations , and it comes down to who is available or who is is closest.

A solicitor not attending on in reasonable time is ground for extension of detention

by8auj6csd3ioq

"Most solicitors would simply tell their client to stay quiet, get bail and go see him/her asap."

They may not get bail

Fred Swanson

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17togo

Gracie Jealous Sheriff wrote:

Here is what Vicky Conway said

Sorry, got a '404 not found' msg,