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Right to have a solicitor present during interview by gardaí.

  • 20-10-2021 11:19pm
    Registered Users Posts: 3,692 ✭✭✭ political analyst
    Registered User

    According to this article, which was published in September 2017, most people who were arrested by gardaí didn't avail of what was then the relatively new right to have a solicitor present when they were interviewed.

    Dr Vicky Conway said it was perhaps the case that solicitors were unwilling to give advice during (as opposed to before) the interviews due to the interviews being recorded for evidential purposes and also that most people were unaware of a 2014 ruling by the DPP that there was a right to have a solicitor present during the interview (and I'm aware that it didn't always exist, given that the Supreme Court had ruled in 2017 in the case of convicted murderer Barry Doyle that the right of access to a solicitor didn't include the right to have the solicitor present during the interview).

    Given that solicitors in England are able to confer with their clients during police interviews, why would Irish solicitors have been reluctant to be present during Garda interviews? After all, even if any element of a conversation between the solicitor and the client was recorded on tape, legal professional privilege means that the content of the conversation would be inadmissible in court anyway.

    Post edited by Niamh on