Mark Toland

A new report published today sets out a number of recommendations following a comprehensive examination of the standard of treatment, safety and wellbeing provided to persons in custody in garda stations.

The inspection adopted a rights-based approach, with particular consideration given to the arrangements for children and adults who are vulnerable and, for the first time, included unannounced visits to garda stations.

Other significant elements of the inspection included engagement with people who were or had been in custody and a detailed examination of custody records.

The 188-page report states that although newly-built custody suites had “adequate arrangements” for for private legal consultations, “other facilities were less satisfactory”.

“Although none of the persons in custody spoken with during this inspection reported issues regarding communicating with solicitors, representatives of the Law Society told the Inspectorate that they were not confident that telephone calls with their clients were private,” it continues.

“In some stations, the guarantee of privacy was further compromised when gardaí decided to observe the consultation. During interviews with gardaí, it was apparent that many believed that every consultation must be within their sight, rather than this being a risk-based decision for each person.”

The report recommends that decisions to observe a legal consultation should be based on an individual risk assessment, with the decision and the rationale recorded in the custody record. It also says the design specification for all custody facilities should include soundproofed consultation rooms.

It also recommends that gardaí should record the decision of a person in custody regarding legal advice, ask the person to provide written confirmation of their decision and record any refusal to do so.

Separately, the report recommends that the Department of Justice consider incorporating in statute all aspects of a person in custody’s right to legal advice.

Overall, the inspection found that the fundamental rights of people in custody to legal advice, medical attention and to have a third party notified of their being in custody were well understood. It also identified examples of good practice and high standards of treatment in some of the places visited.

However, the Inspectorate was concerned to find that there was no overarching custody strategy beyond adherence with the relevant legal requirements, governance and accountability were weak and many members in charge were not adequately trained for the role.

Poor recordkeeping was a recurring theme throughout the review, a problem that was exacerbated by the absence of an electronic custody management system. A number of areas of concern regarding the safety, care and treatment of people in custody were also identified.

Chief inspector Mark Toland said: “The decision to deprive a person of their liberty is a significant interference with their rights under the Constitution of Ireland and the European Convention on Human Rights. As such, it’s important for the Garda Síochána to have an efficient and effective custody system in place that protects and upholds the rights of persons in custody and keeps them safe.

“This report sets out a pathway for those concerns to be addressed and contains a number of recommendations aimed at strengthening the safeguards that protect the rights of persons in custody, ensuring the consistent operation of custody services and, where necessary, raising standards.”