WOULD YOU KNOW what to do or who to call if you found yourself being arrested and detained in a garda station?
The Law Society is pointing to what it says are flaws in the rules surrounding the detention of arrested persons and is also trying to make it easier for them to contact a solicitor.
Gardaí are legally required to inform an arrested person that they are entitled to speak with a solicitor, but that is where their obligations cease.
In the vast majority of cases gardai would wait for this consultation to take place but the Law Society points out there is no status for solicitors to be present in garda station interviews.
What they are seeking is “equal and unrestricted access for everyone” regardless of their circumstances.
For example, the removal of the restriction on the number of paid consultations lawyers can have with clients during detention.
The Law Society is also pushing for free legal aid to be more available during the initial detention period, arguing that a fear of cost is preventing people from contacting solicitors.
The threshold for legal aid is just above €20,000 gross, eliminating anyone above that from availing of it.
“The most important point if someone is in a garda station in a detention situation is that they should concern themselves with getting legal advice,” according to Darach McCarthy of the Law Society’s Criminal Law Committee.
“The second thing is whether they can pay for the solicitor themselves or if they get legal aid, and unfortunately, the threshold for legal aid is extremely high.”
To help individuals who may not have a solicitor to call, the Law Society has created a portal on its website listing registered solicitors who are available to attend garda stations.
The idea is that gardaí can access the portal and give the detainee a number of options as it illegal for a garda to direct a detainee to use a specific solicitor.
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