It is understandable that you may be in shock or suprise at your arrest and are anxious as to whether a solicitor can attend the interview and provide you with advice.

Under Irish Law  you have a right to 'reasonable access' to a solicitor of your choice. The term reasonable access essentially means that the Gardai will facilitate within reason contact with a solicitor however this is done so only upon your request.

Recent affirmation of your right to access a solicitor was given by the Irish Supreme Court in the 2014 case of  People (DPP) v Gormley.

A number of positive developments have arisien from the Gormely judgement and your right to access a lawyer which are outlined below;

You have,

• an entitlement not to be interrogated after a request for a lawyer has been made and before that lawyer has become available to tender the requested advice”
•   “the entitlement not to self-incriminate incorporates an entitlement to legal advice in advance of mandatory questioning of a suspect in custody.”
• “… [t]he right to a trial in due course of law encompasses a right to early access to a lawyer after arrest and the right not to be interrogated without 

The Gormely judgement has been rubberstamped by a circular sent from the DPP (The Director of Public Prosecutions)  which sets out that 'when requested'  you must be given access to a solcitor both prior to the interview and during the interview.

The Gardaí will inform you of your right to a solicitor when reading your Notice of Rights in the Garda Station, they may or may not ask you if you wish to speak to a solicitor and once they have read to the Notice of Rights they have fufilled their duties under the  Criminal Justice Act 198446 and the Treatment of Persons in Custody Regulations 1987.

Therefore, it is important to note that it is up to you to ask the Gardaí that you wish to speak to a solicitor and obtain legal advice.

Until you have spoken to your lawyer do not say anything to the Gardai.

Q - I do not have a solicitor, will the Gardaí recommend a solicitor for me upon my request?

If you do not know a solicitor to attend on your behalf and have requested to speak to a solicitor, the Gardai have an obligation to provide you with access to a solicitor.

Generally, the Gardaí may nominate a solicitor who pracitices in the area or alternativley you may be asked to choose a solicitor from a list of practitioners from the criminal legal aid panel.

It is important to be aware that you are legally entitled to a solicitor of your choice, and do not have to commit to a solicitor nominated by the Gardaí.

Q - I am not in a position to pay a solicitor, what can i do ?

The Garda Station Legal Advice Revised Scheme (“GLAS”) is the Statutory scheme which provides legal aid for persons detained in Garda Custody. The test for eligibility is based on your yearly finances.

If you are unemployed or if your earnings are below €20,316 per annum, you will be entitled to assistance from the GLAS scheme.

In order to apply, you simply complete a form with your Solicitor during your detention at the Garda Station. You do not need to apply to the scheme in advance of your detention. 

Q - Will I be provided with an oppurtunity to speak with my solicitor before the interview starts ?

Remember, as mentioned in the previous answer the most important thing to do is to "request to speak to a solicitor".

Once you have requested to speak to a solcitor the Gardaí are obliged under law to provide you with access to your solicitor.

When you are detained you will initially be facilitated with a phonecall with your solicitor.

This phonecall is private and confidential and any advice given is priviledged which essentially means that the phonecall cannot be disclosed  or indeed used against you during the course of your trial.

it is important that you set out basic personal details, the solicitor should have these already but just clarify  upon his/her request.

• Your Name
• Your date of birth
• Your Age
• Whether you have ever been arrested
• Where were you arrested and who arrested you
• Contact details for your spouse/family member or freind
• Request whether the solicitor is in a position attend in person in the Station to provide you with representation

Your solicitor prior to speaking with should have obtained the following information about your arrest from the Member in Charge.

• name, title and contact details of the member of An Garda Síochána making contact
• name of the station 
• name and address of the person detained
• statutory powers under which your detained
• time and location of arrest
• time at which the detainee arrived at the garda station ·
• name of investigating member(s)/member in charge ·
• nature of alleged offence
• Any disclosure that is made availible
• the current estimated duration of detention
• the current estimated duration of interview and potential number of interviews ·
• relevant detainee requirements (eg medical, translator, vulnerable)

Point to note - Ask your solicitor to attend in person prior to going into any detail - a phone conversation can be overhead and it is extremely important to have a consultation in private with your solicitor prior to the commencement of the interview

Q - The lenght of my detention, how long can the Gardaí detain me for?

The lenght of your detention is determined by the offence for which you are detained.

 In Ireland, the most common detention is provided for under Section 4 of the Criminal Law Act 1997.

Section 4 provides as follows;

'Any offence for which a person of full age and capacity and not previously convicted may, under or by virtue of any enactment or the common law, be punished by imprisonment for a term of five years or by a more severe penalty and to an attempt to commit any such offence'

Therefore, your detention under section 4 is in relation to an alledged offence in order to be deemed valid needs to meet the following

1. There must be a valid Arrest - Freeman v The DPP Carney J established that there must be a valid arrest to ground any detention.
2. The offence for which your are arrested must carry an imprisonement of 5 years or more to ground your detention under section 4.
3. You must be of Age - Section 4(7) of the Act 1984 sets out that full age means 'not below 12', there are additional safegaurds provided to children being detained by virtue of the Childrens Act 2001which is discussed in our juevinle section.

The other detention provisions provided under statue are as follows:

• Section 4 of the Criminal Justice Act 1984
• Section 42 of the Criminal Justice Act 1999
• Section 30 of the Offences Against the State Act 1939
• Section 2 of the Criminal Justice (Drug Trafficking) Act 1996
• Section 50 of the Criminal Justice Act 2007
• Sections 16 and 17 of the Criminal Procedure Act 2010

The below table gives a brief overview as to the lenght of time you may be detained under the various detention provisions