Criminal Defence Representation at Garda Stations

This book goes behind the closed doors of the garda station, providing a contemporary account of the role of criminal defence lawyers who represent those arrested, detained and questioned therein. It draws on the expert analysis and experience of authors Vicky Conway and Yvonne Daly, who developed and delivered specialist training for police station lawyers across Europe, and in-depth qualitative interviews that they conducted with 44 practising solicitors in Ireland. This book is a comprehensive guide for criminal defence lawyers offering insights on the breadth and importance of their role and focusing on the skills necessary to effectively fulfil all aspects of that role. You are led through the entire process from first contact, to deciding to attend, to pre-interview consultation and then the interview itself. Particular attention is paid to enhanced communication skills and to addressing the needs of vulnerable clients. Perennial issues such as pre-interview disclosure and the right to silence are also comprehensively explored. It is essential reading for practitioners who attend garda stations regularly, those looking to conduct more of that work or those starting out in law, as well as gardaí. For prosecutors, barristers and judges, it provides a great insight into the dynamics of the earliest stages of the criminal justice system. It will also be of interest to policymakers, academics and students in criminal justice, on both a domestic and international level, and those interested in learning more about the operation of the Irish criminal process. This title is included in Bloomsbury Professional's Irish Criminal Law online service.

Table of Contents:
Chapter 1: Introduction Access to a lawyer in garda detention The Supralat programme Context Methodology Aim of the Book Structure Chapter 2: Lawyering in the Garda Station Introduction Motivations Dislikeable Features Fears Practical Issues Training Coping Departures Conclusion Chapter 3: Access to Legal Assistance: The Law Introduction Traditional Irish View on the Right of Access to Legal Advice Irish Law Developments Garda Code of Practice and Law Society Guidance Oversight of An Garda Síochána Conclusion Chapter 4: The Role of the Lawyer Introduction Role of the Lawyer Seven Functions of Lawyers: ADJRESS Active, Client-Centred Lawyering The Right to Competent Representation Conclusion Chapter 5: Effective Communication in the Garda Station Introduction Importance of Good Communication Skills Communicating Effectively with Clients Communicating Effectively with gardaí Professional Core Values Conclusion Chapter 6: Clients with Additional Vulnerabilities Introduction Existing Regulation Substance Use and Addiction Issues Disabilities Ethnicity Women in Custody Sexuality and Gender Identity Offence Type Harm Sustained in Custody Importance of Attendance Conclusion Chapter 7: Children as Clients in the Garda Station Introduction Children as Suspects Conclusion Chapter 8: Attending at the Garda Station Introduction Decision to Attend Presumption of Attendance Seriousness of the Offence Client's Specific Needs or Vulnerabilities Availability to Attend Disclosure and Unexpected Turns in Interview Attendance – Client's Choice or Lawyer's Choice? Importance of Attending the Interview Conclusion Chapter 9: First Contact with the Client Introduction Selecting a Garda Station Lawyer Clients Declining Legal Assistance Garda Station Legal Advice Scheme The Initial Phone Call Telephone Conversation with Client Arrival at the Garda Station Conclusion Chapter 10: The Consultation Introduction Changing Purpose The Role of the Lawyer Aim of the Consultation Checklist for First Consultation Privacy Duration of Consultation Challenging Clients Multiple Clients Conclusion Chapter 11: The Interview Introduction Legal Rules The Interview Process The Role of the Lawyer at Interview Conclusion Chapter 12: Disclosure and the Right to Silence Introduction The Right to Silence Disclosure Advising on the Right to Silence Inferences and Offences Based on Silence Pre-Inference Interview Disclosure Advising on Inferences Conclusion Chapter 13: Conclusion Introduction Lack of Regulation and Future Plans Availability of Lawyers Communication Skills and Training Active, client-centred lawyers ADJRESS their clients' rights Clients with Additional Vulnerabilities, and Children Selection of Garda Station Lawyers Garda Station Legal Advice Scheme Disclosure and the Right to Silence Consultations and Interviews The Role of the Member in Charge Data and Research Conclusion Appendices Appendix 1: Role of the Lawyer – ADJRESS Appendix 2: Detention Periods Appendix 3: Checklists Appendix 4: Law Society Guidance for Solicitors Providing Legal Services in Garda Stations (reproduced with the permission of the Law Society of Ireland) Appendix 5: AGS Code of Practice on Access to a Solicitor by Persons in Garda Custody (reproduced with the permission of An Garda Síochána) Appendix 6: Information for Persons in Custody and Letter of Rights C.72(S) (reproduced with the permission of An Garda Síochána) Appendix 7: Custody Record C.84 (reproduced with the permission of An Garda Síochána) Appendix 8: Risk Assessment Form C.84(A) (reproduced with the permission of An Garda Síochána)

About the Author :
Vicky Conway was an Associate Professor of Law at Dublin City University. She held a Masters in Criminology and Criminal Justice from the University of Edinburgh and a PhD from Queen's University Belfast. She was an Authority Member of the Policing Authority of Ireland and Commission Member of the Commission of the Future of Policing in Ireland.Professor Yvonne Daly is Professor of Criminal Law and Evidence at Dublin City University, where she teaches and supervises research in evidence law, criminal procedure, and criminal law. She holds a BCL from University College Cork and a PhD from Trinity College Dublin. Yvonne has a specific research focus on the legal regulation of criminal investigations. She engages in detailed doctrinal and comparative work across European and international jurisdictions, and empirical research which explores the law in action, as compared with the theory. Her research is grounded in fundamental human rights instruments, such as the Irish Constitution and the European Convention on Human Rights, and it has been published widely. Yvonne is co-author of both Criminal Defence Representation at Garda Stations (Bloomsbury Professional, 2023) and Irish Criminal Justice: Theory, Process and Procedure (Clarus Press, 2010). She is a co-editor of Teaching Evidence Law: Contemporary Trends and Innovations (Routledge, 2020) and the Routledge Handbook of Irish Criminology (Routledge, 2016), and she edited Police Custody in Ireland (Routledge, 2024).