Law Society calls for ‘equal and unrestricted access to legal advice’ in Garda stations

Low rates of legal representation during Garda station interviews are because of non-eligibility for legal aid, the Law Society of Ireland has said.

The low take-up of legal representation during suspect interviews will be discussed at the Society’s Criminal Law Update 2017 this afternoon, which will be addressed by Josephine Feehily, chairperson of the Policing Authority.

Ken Murphy, the Society’s director general, said: “Legal rights and representation at time of arrest are not topics that most people in the community would often consider – that is, until they really need to.

“As it currently stands, the Criminal Justice Act 1984 requires Gardaí to inform a person who is detained that they are entitled to consult with a solicitor. But that is as far as the statutory obligation on Gardaí goes.

“The Criminal Justice Act 2011, which has yet to be fully implemented, states that a detained person shall not only be informed of their right to consult a solicitor, but that person also has the right to consult with a solicitor before questioning starts.

“The Law Society’s view is that there should be equal and unrestricted access to legal advice during detention.”

The Society has recommended removing the financial threshold at which people become eligible for free legal advice during detention.

It has also developed a public online database of solicitors who can attend Garda stations to provide legal advice and attend interviews.

Mr Murphy said: “This has been a popular feature since its initial trial launch, with over 5,300 visits to the webpage. We have recently updated the database to cover those who have been detained under a European Arrest Warrant.

“The experience of arrest and detention at a Garda Station is unsettling for most people, and solicitors often find that they are playing an emotional support role, as much as a legal representation role.

“No two garda station experiences are ever the same, and are rarely a pleasant experience. But that is what a solicitor’s role is all about - our role is as varied as life itself and upholding legal rights and representing our clients during major moments in their life is core to our profession and what makes most of us get up and go to work each day.”