Criminal Justice & Garda Powers

Criminal Justice & Garda Powers 2ND EDITION

SHEEHAN & PARTNERS CRIMINAL DEFENCE SOLICITORS NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 1 KEY WORDS GENERAL INFORMATION

ADVOCACY EUROPEAN CONVENTION PEACE COMMISSIONER Pleading or arguing in favour ON HUMAN RIGHTS (ECHR) These commissioners are The State gets its power from the People of Ireland through the of something. Also known as the Convention for appointed by the Minister for the Protection of Human Rights Justice, Equality and Law Constitution of Ireland (Bunreacht na hÉireann). The Constitution ARRESTABLE OFFENCE and Fundamental Freedoms, Reform and have various legal An offence with a penalty of at an agreement adopted by the functions. sets out some of the rights of people who live in Ireland. We also have least five years’ imprisonment Council of Europe in 1950 that if you haven’t been convicted contains various rights such PERSONAL DATA rights under the European Convention on Human Rights (ECHR). All of an offence before. as the right to a fair trial, the Any information that can right to privacy and the right identify you on its own or with agents of the State, including An Garda Síochána, must act in line with BARRISTER to freedom of expression and other information, including, for Specialist in litigation and association. Ireland gave example, written information the Constitution and the ECHR. The Constitution is interpreted by the advocacy. Usually barristers further effect to the ECHR in and images. are instructed by a solicitor Irish law through the European courts and is supplemented by more detailed laws, which must also rather than the person taking Convention on Human Rights SEARCH WARRANT the case. Act 2003. This allows Gardaí to search a be in line with the Constitution. The law must also follow the ECHR person or place to get evidence CHIEF SUPERINTENDENT IN POSSESSION OF that will be used in prosecuting and the decisions of the European Court of Human Rights. High-ranking Garda, of Owning, carrying, storing or someone for a criminal offence. a higher rank than a otherwise being responsible Superintendent. for, or having control over, SOLICITOR something. The term is used Lawyer who deals with the Gardaí must act according to court rulings and legislation, otherwise CORROBORATE often in connection with stolen person taking the case. A To back up or support goods, firearms and controlled solicitor advises people before they may be acting unlawfully. something with evidence. drugs. they are arrested and charged. Often, a solicitor is the only CUSTODY LEGISLATION lawyer that you need. Being held by the Gardaí. Law which is made by the TDs If you have any doubts about the way you have been treated by the and Senators of the Oireachtas. STATEMENT UNDER OATH DATA PROTECTION A statement carrying the same Gardaí, or whether a Garda acted lawfully in carrying out his or her The way in which the privacy LITIGATION legal weight as one which is of your personal information Taking legal action to resolve a made in court under oath. duties or interfered with any of your rights, you should contact a is protected under the law, dispute before a court. namely under the Data SUMMONS solicitor. At the end of this pack you will find a list of organisations Protection Acts 1988-2003. MEMBER IN CHARGE A notice ordering someone to Usually the Sergeant working appear in court. that may be able to help you. DNA in the custody area of a Garda DNA is an acronym for station. SUPERINTENDENT deoxyribonucleic acid and it Senior Garda, of a lower rank is a chemical found in every OFFENCES AGAINST THE than a Chief Superintendent. cell in the human body. DNA STATE ACTS is unique to each individual, This legislation set up the WARRANT except for twins, and holds Special Criminal Court and deals Court order allowing the Gardaí complex information about a with unlawful organisations, to perform certain acts such as person’s family relationships terrorist activities and firearms search or arrest. and body. offences. Statement of the law as of June 2014

2 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 1 BEING STOPPED BY A GARDA PERSONAL SEARCH

When can a Garda stop me? Should I provide my name When can a Garda search me? Can a Garda search me if I am A Garda can ask you to stop at any time. In and address? If a Garda has a reasonable suspicion that under the age of 18? some circumstances, the Gardaí can require If you do not give your name, address and you have committed an offence, he or she Yes. Gardaí are entitled to search people you to stop if, for example: date of birth, a Garda may require you to has various powers that allow him or her under the age of 18 if they have any of the provide a name and address. For example, if to search you without your consent and reasonable suspicions described above.

• he or she suspects that you are committing a Garda suspects that you have committed a before you have actually been arrested. an offence under the Offences Against the road traffic offence or a public order offence, State Acts; or the Garda can demand your name and For example if: Can I be strip-searched? address. If you refuse to give your name and • a Garda reasonably suspects that you are A strip search involves the removal of all • you are driving a vehicle and, for example, address, or one which a Garda thinks is false, in possession of a controlled drug; clothing, including underwear. You can be he or she wishes to check its tax and you could be arrested. (If this happens, you strip searched, but this depends on the insurance details. could be convicted of a criminal offence.) • a Garda reasonably suspects that you have particular power of search that the Garda is committed an offence under the Offences using. Where possible, a doctor should carry A Garda could also have the power to stop Against the State Acts; out a strip search in a Garda station. you in other situations. Do I have to go to the Garda station if a Garda asks me to? • a Garda reasonably suspects that you are A strip search should only be carried out if it in possession of stolen property; is necessary. It should not be carried out in Should Gardaí identify You do not have to go to a Garda station just because a Garda asks you. But, in many a way that would be harassment. themselves? circumstances, a Garda may have the power • you are in a place where other people Sometimes, for example if a Garda is not in to arrest you and bring you to the Garda station. have gathered and a Garda suspects that uniform and is stopping or searching you a breach of the peace could occur and Should a Garda tell me why I am under the Offences Against the State Act, he suspects that some of the people gathered being searched? or she has to show you an identification card could be in possession of a knife; The Garda should tell you why you are being if you ask him or her. searched and under what law. A Garda • you are in a place that has been designated should tell you the reason for the search in Can a Garda demand to see my a restricted area by a Superintendent under simple language. driving licence? the Public Order Act and a Garda suspects that you have alcohol, a disposable container Yes. A Garda can demand you to show your (such as a crate or a bottle) or an article that driving licence. It is an offence to drive a could be used to injure someone. car without having in your possession your valid driving licence. If you refuse or fail to These are common examples of the powers show your driving licence you may be asked of search of the Gardaí. A Garda can also to attend the Garda station within 10 days STOP lawfully search you in other situations. with your driving licence. If you still refuse or fail to show your driving licence you could be convicted of a criminal offence.

Is it only a Garda who can search me? When can a Garda enter my home? How does a Garda get a No. You can be searched by a number Generally, a Garda cannot enter your home search warrant? of other people. For example, customs without your consent. However, there are Various pieces of legislation allow a Garda officers have wide powers of search. You some exceptions. The most common of to get a search warrant if he or she has a could also be searched by any person these would be if the Garda has a valid suspicion about what might be found on who asks, provided you give permission. search warrant or is in ‘hot pursuit’ of the property. For example, your employer may search a suspect. How should the Gardaí you if this is written in your contract of In most cases, the Garda must swear a conduct the search? employment. If you are searched by your statement under oath (known as sworn The Gardaí should carry out all searches in a employer and have questions or concerns Does a Garda need a warrant to information) before a District Court judge fair and respectful way. Under the Constitution about the search, you should contact search my home? or peace commissioner, setting out why and the European Convention on Human your union or the National Employment A Garda needs a warrant for most entries he or she needs the warrant. The judge or Rights, you have a right to bodily integrity and Rights Authority (NERA). You will find their and searches of property but not for all. For the peace commissioner may only give the privacy. However, these rights can be limited contact details at the end of this pack. example, a Garda can enter your home to Garda the warrant if they are satisfied that in some situations. You also have the right arrest someone. there are reasonable grounds for suspecting not to be treated in a degrading way. This In general, a security guard does not have that something is to be found on the property. right can never be limited. any power to search you without your permission. He or she should hand you over There are also some urgent situations If the search is done in a fair and respectful to a Garda to carry out a search. This should where a search warrant can be issued by way, it probably will not violate your right to be done as soon as possible. a senior Garda (a Superintendent or more privacy and bodily integrity or your right not senior officer). to be treated in a degrading way. Can a Garda search my car? Various powers in legislation allow a Garda Should I be searched by a person to search your car. For example, a Garda of the same sex? can search your car if he or she reasonably If the search is more than a ‘pat down’ suspects that: search, then it should be carried out by a person of the same sex. • you have committed or are about to commit an offence under the Offences Against the State Acts, a homicide or other specific Where can I be searched? offences; or It depends on the power of search that the Garda is using. Generally, a Garda can search • you are in possession of a controlled drug. you in your home, at work or on the street. Sometimes, a Garda can ask you to go with These are common examples of powers that him or her to a Garda station to carry out a a Garda may use to search your car, but there search. An example of this would be where a are other powers that a Garda could also use. Garda wants to search you for drugs.

4 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. IRISH COUNCIL FOR CIVIL LIBERTIES 2014 5 ENTRY & SEARCH OF PREMISES

Table 1 Here are some examples where search warrants can be given. Basis Length of warrant Legislation Does the Garda have to tell me why my property is being If a District Court judge is satisfied that Valid for seven days Section 48 of the Criminal Justice (Theft searched? there are reasonable grounds to suspect and Fraud Offences) Act 2001 You are entitled to ask why the search is Can the Gardaí keep me in one that there is evidence of a theft or fraud being done and under what power. The Gardaí area of the house while it is offence on the premises. must give you this information if you ask for being searched? it. Otherwise, they do not have to tell you. If a District Court judge, peace Valid for one month Section 26 of the Misuse of Drugs Act The Gardaí cannot detain you anywhere commissioner or Garda Superintendent 1977, as amended unless you are under arrest. They can ask is satisfied that a controlled drug is on you to stay somewhere to make sure that the premises. How should the Gardaí conduct the search is carried out smoothly. They can If a District Court judge is satisfied Valid for seven days Section 10 of the Criminal Justice the search? also search you if you are in the house. But that there are reasonable grounds to (Miscellaneous Provisions) Act 1997 The Gardaí must carry out all searches in a if you want to leave the house or move from suspect that evidence connected with fair and respectful way. one area to another, they cannot stop you any arrestable offence is to be found unless you are under arrest. on the premises. An arrestable offence is an offence with a penalty of at least Can the Gardaí take anything five years in prison if you have not been away with them? Can the Gardaí look at convicted of an offence before. Yes. Generally, the search warrant will my computer? If a District Court judge is satisfied Valid for seven days Section 7 of the Child Trafficking and allow the Gardaí to take any items that they Yes. The Gardaí can take anything that they that there are reasonable grounds for Pornography Act 1998 reasonably believe may be used as evidence. believe may be evidence of an offence, suspecting that evidence connected with They are also able to take other items (that including a computer. Sometimes, for an offence under the Child Trafficking they weren’t originally looking for) if they example if they suspect that a fraud has and Pornography Act 1998 is to be found believe that those items could be evidence happened, they may also access your on the premises. of any criminal offence. computer and require you to provide the password or show them any information If a Superintendent is satisfied that there Valid for seven days Section 29 of the Offences Against the stored on it. are reasonable grounds for suspecting State Act 1939 that evidence connected with an offence Can I remain in my home while the against the State is to be found on the Gardaí are searching it? premises. (The warrant may only issue to Yes. You can observe the way in which the Can I stop Gardaí from entering a Sergeant or member of higher rank and search is being carried out, but you should my property if I think they are the Superintendent must be independent not get in the way of the search. It may be a acting unlawfully? of the investigation.) criminal offence to obstruct a search. You should not get in the way of a search being carried out by Gardaí. If you do, you Please note: Search warrants may also be could be committing an offence. given in other circumstances.

6 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 7 ARREST

What is an arrest? Do the Gardaí need a warrant Can I be arrested in my home? What if I resist arrest? An arrest is when you are taken into the to arrest me? Sometimes, the Gardaí can enter your It is very unwise to resist arrest even if you custody of the Gardaí and are not allowed The Gardaí have a wide variety of powers home to arrest you. For example, the Gardaí think that you shouldn’t be arrested. to leave. of arrest. A Garda does not always need an can enter your home to arrest you for an arrest warrant if, for example: arrestable offence – an offence with a penalty If you resist, you may be injured and of at least five years in prison where you have charges could be brought against you later Why would the Gardaí arrest me? • he or she reasonably suspects that you not been convicted of an offence before. for obstruction of justice, resisting arrest or A Garda may arrest you for a variety of have committed a serious offence; assault on a Garda, even if it later turns out reasons, for example: that you should not have been arrested. • he or she believes that you are committing Must I have committed • to charge you with an offence; an offence under the Road Traffic Acts; an offence? If you think that you should not have been You can be arrested without having committed arrested, or you are concerned about the way • to bring you to a Garda station where you • he or she finds you committing an offence an offence. But, in general, a Garda can only in which you were arrested, tell your solicitor may be detained and questioned; under the Public Order Act; arrest you if he or she has a reasonable as soon as you see him or her. suspicion that you have committed an offence. • to execute a warrant against you. • you are a foreign national and you do not This may be: produce an identity document when a Garda Generally, a Garda cannot arrest you because Can a Garda use force in — a bench warrant (if you have previously asks you to do so; or he or she believes that you might assist with arresting me? failed to appear in court); an investigation into someone else. There is A Garda can use ‘reasonable force’ to arrest — a committal warrant (if you were • you are a foreign national and a Garda one exception, however: you may be arrested you. If too much force is used or the force sentenced to prison in your absence). suspects that a deportation order has been to assist where the Gardaí are investigating is not reasonable in the circumstances, the made against you but you haven’t complied someone under the Offences Against the Garda can be prosecuted or sued for assault. with it. State Act. You can also complain to the Garda Síochána Ombudsman Commission. You will find the These are common examples of situations contact details for this at the end of this pack. where you could be arrested without a How do I know if I am warrant, but Gardaí can arrest you without a under arrest? warrant in many other situations. A Garda must tell you that you are under arrest and it should be clear to you that you are not free to leave. You may be physically restrained.

Am I entitled to know the reason for my arrest? You are entitled to be told in simple language that you are under arrest and the reason for your arrest. See the section on ‘Interpretation’ for more details on this.

8 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. IRISH COUNCIL FOR CIVIL LIBERTIES 2014 9 ARREST CHARGES

Can the Gardaí re-arrest me for you of your right to a solicitor. The ‘member in What does a charge mean? Do I have to be charged before I charge’ is usually the sergeant working in the the same offence after they have A charge is when the Gardaí officially begin a can be prosecuted for an offence? custody area in which you are being held. let me go? prosecution against you for a specific offence. No. You could also be summonsed to appear The Gardaí can re-arrest you to charge you in court. In these cases, the summons will with an offence or to question you about an either be delivered to your home or handed offence. They can also re-arrest you if they What can I do if a friend or family What is a charge sheet? to you. have received more information about your member is arrested? A charge sheet records the details of the suspected involvement in the offence. You should contact their solicitor immediately. offence that you have been charged with. The summons will give details of what you He or she will be able to find out where they should do and where and when you must are and why they have been arrested. If your attend court. If you do not attend the court friend or family member does not have a How am I charged? (as the summons instructs), a bench warrant Where will I be brought after I solicitor, there is information at the back of The Garda will read the charge sheet to you could be issued for your arrest. have been arrested? this pack about organisations that can help and give you a copy. He or she will ask you This will depend on why you have been you find one. The solicitor will then be able to whether you want to say anything about the arrested, as shown by the examples below. advise them. charge. Anything you say will be written down and will be used as evidence when you How quickly must the Gardaí • If a fine has been imposed upon you and go to court. charge or summons me? you have failed to pay the fine you may be How long can I be held in a Garda For very minor offences, the Gardaí must start arrested and brought before a Court which the prosecution within six months of the date has a power to imprison you thereafter for station before I am either charged What happens after I have of the offence. For all other offences (including non-payment of that fine. or released? been charged? minor thefts such as shop-lifting), there is no See Table 2 for details about the length of After you have been charged, you will either: definite time limit. • If you have been arrested to be charged, you detention. will probably be brought to a Garda station • be released on bail and required to go to the where you will be charged and brought to District Court within a certain period of time, the District Court (or released on bail). usually 30 days (you will be granted bail in What information must I be given the Garda station); or • If you have been arrested for questioning, upon my arrest? you will be brought to a Garda station If you are arrested or detained you should • be brought by the Gardaí to the District where you could be detained. See Table 2 be handed a document which contains Court as soon as possible. for details about the length of detention. information of your rights while you are detained. You are allowed to keep this In all these cases, you should ask either the document throughout your detention. Governor of the prison or the ‘member in charge’ of the Garda station to contact your solicitor immediately. The Governor of the prison or the 'member in charge' should advise

10 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 11 DETENTION FOR QUESTIONING When can the Gardaí detain me for questioning? A number of pieces of legislation allow Table 2 the Gardaí to detain you in a Garda station when they are investigating a criminal Suspected Law Grounds for Length of detention offence. The length of time they can keep offence initial detention in Garda station you at the station will depend on the offence All offences for which you could go Section 4 of the Criminal The member in charge of the Garda station has reasonable INITIAL PERIOD = 6 HOURS they are investigating (see Table 2). In some to prison for five years or more. Justice Act 1984 grounds for believing that the detention is needed for the + 6 hours extension (authorised by Superintendent) circumstances, a Superintendent or a Chief proper investigation of the offence + 12 hours extension (authorised by Chief Superintendent) Superintendent can extend your detention For example, offences such as period up to a maximum of two days. assault causing harm or serious TOTAL = 24 HOURS However, if you are suspected of certain harm, or theft. (This can be extended by 8 hours to a total of 32 hours if you take a offences, a District Court judge can further rest period between midnight and 8am) extend your detention up to a maximum of Drug trafficking offences. Section 2 of the Criminal The member in charge of the Garda station has reasonable INITIAL PERIOD = 6 HOURS seven days. Justice (Drug Trafficking) grounds for believing that the detention is needed for the + 18 hours extension (authorised by Superintendent) Act 1996 proper investigation of the offence + 24 hours extension (authorised by Chief Superintendent) (2 days detention on Garda authority) + 72 hours extension (authorised by District or Circuit Court judge) Do I have to be physically brought + 48 hours extension (authorised by District or Circuit Court judge) in front of a judge after the time limit for detention on Garda TOTAL = 7 DAYS authority has run out? Offences Against the State. Section 30 of the Offences If you are arrested under Section 30 of the Offences Against INITIAL PERIOD = 24 HOURS Yes, when Garda authority for detention Against the State Act 1939 the State Act 1939 + 24 hours extension (authorised by Chief Superintendent) has run out, you must be either released or (2 days detention on Garda authority) brought physically before a court. + 24 hours extension (authorised by District Court judge)

TOTAL = 3 DAYS (72 HOURS) Some offences involving the use Section 50 of the Criminal The member in charge of the Garda station has reasonable INITIAL PERIOD = 6 HOURS of firearms. Justice Act 2007 grounds for believing that the detention is needed for the + 18 hours extension (authorised by Superintendent) proper investigation of the offence + 24 hours extension (authorised by Chief Superintendent) (2 days detention on Garda authority) + 72 hours extension (authorised by District or Circuit Court judge) + 48 hours extension (authorised by District or Circuit Court judge)

TOTAL = 7 DAYS

12 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 13 AT THE GARDA STATION Can I be held in a Garda If you are in custody in a Garda station, the Can I speak to a solicitor? Can I be searched at the station for any other reason? Gardaí must respect your personal rights You are entitled to contact a solicitor Garda station? There are other situations in which you and your dignity as a human being. There and the member in charge must tell You can be searched in the Garda station, but could be held in a Garda station, as listed in are rules about how the Gardaí must treat you of this right. You should contact a you must be told the reason for the search the examples below. people in custody. solicitor immediately. If you do not know a and the search must be carried out in a solicitor, you should ask the member in respectful way. You should not be searched • If you are arrested under the Road Traffic Who is the ‘member in charge’? charge to nominate or call one for you. by a person of the opposite sex (other than a Acts, you could be held in a Garda station Every Garda station must have a ‘member doctor). If the search involves the removal of to give a sample of breath, blood or urine. in charge’. The member in charge is the underclothing, it should be carried out, where Garda who is in charge of making sure Can I contact my family? possible, by a doctor. A Garda must record • If you are arrested under the Road Traffic that the rules about your detention are You are entitled to have a member of your details of the search in the custody record. Acts and the member in charge of the fully complied with. Often, the member in family (or another person of your choice) told Garda station believes that you are under charge will be the sergeant working in the that you are being detained, and in which the influence of drugs or alcohol and custody area where you are being held. The Garda station. This is not necessarily a What if I don’t feel well or I that you could be a threat to the safety of member in charge need not be the most right to talk to the person. However, you need medication? yourself or someone else, he or she can senior Garda in the station. If you are in are entitled to a visit from a relative, If you are ill or injured in any way, you should detain you in custody for up to six hours. custody in a Garda station and you have friend or other person, but only if the ask to see a doctor at once. Also, if you have any difficulties or requests, you should talk member in charge is satisfied that the to take medication or if you have a medical or • If you are asked to accompany a Garda to the member in charge. If you are not visit can be supervised and it will not nervous condition or complaint, you should to a Garda station for a search under the happy with the answers you receive, you delay the investigation of the crime. tell the member in charge immediately. Misuse of Drugs Acts. can ask to speak to a more senior Garda.

• If a Garda believes you are suffering What if I feel hungry or thirsty? from a mental disorder and there is a If you are hungry or thirsty, you should ask likelihood that you could harm yourself Will there be a record of my time in for something to eat or drink. You are entitled or others, he or she can take you into custody in a Garda station? to be provided with meals. You should get at custody. As soon as possible, the Garda The member in charge has to keep a custody least two light meals and one main meal in must ask a doctor for a recommendation record, which should include your personal any 24-hour period. that you should be detained due to mental details, why you have been arrested or health illness. If the doctor does not detained, and the time of your arrival. The give a recommendation to detain you, the custody record should also include details What about sleep? Gardaí must release you immediately. of anything important that happens to you You are entitled to reasonable time for rest. during your time in the Garda station, for But if you take time to rest between midnight example being given food or visited by a and 8am, this can ‘stop the clock’ on the doctor or solicitor. total time for which you may be detained and your period of detention may be extended by up to eight hours.

14 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. IRISH COUNCIL FOR CIVIL LIBERTIES 2014 15 INTERVIEWS

Do I have the right to see a solicitor? What if I can’t afford a solicitor? What if I refuse to In all of these situations, the Gardaí must You have the right to consult with a solicitor If you can’t afford a solicitor, there is a scheme answer a question? tell you what could happen if you don’t before you are questioned by An Garda that will pay for a solicitor’s visit to the Garda If you refuse to answer certain questions (see answer the questions. Síochána. If you ask for a solicitor, you may station. If you earn less than a certain amount, examples below), a judge or jury may draw only be questioned before they arrive in highly you can get this legal advice for free. an inference from this. They may then use The law in relation to this area is exceptional circumstances. this inference to corroborate other relevant complicated and it is advisable to speak

evidence against you. In other words, the to your solicitor before deciding whether or You should be told of this right when you arrive How will the interview judge or jury may consider that your failure or not to answer questions. at the Garda station. The member in charge be conducted? refusal to answer a question supports other should let your solicitor know as soon as All interviews must be fair. Only two Gardaí evidence of your guilt that has been given to possible that you are in the Garda station. may interview you at any time and there should the court. Will the Gardaí record be no more than four Gardaí in the room at my interview? any time. During the interview, the Gardaí may A refusal to answer may arise in the following The Gardaí will record your interview in writing Can my solicitor sit in with me while take different approaches to try to get you to examples: and should read it back to you at the end of the I am being questioned? answer questions. • If you are silent when a Garda asks you to interview so that you can correct any mistakes. Yes. You do have the right to have your solicitor explain: The Gardaí should also record your interview with you while you are being questioned. If — why an object, substance or mark was on on videotape, although they do not have to you wish to have a solicitor present during How long can I be interviewed for at your person, clothing, footwear, in your do this if it’s not practical. You do not have a interview then the solicitor will be admitted to any one time? possession or in a place in which you were right to a copy of the videotape unless you are present; or prosecuted. Even then, you will only be entitled the interview. The solicitor's role is to protect You can only be interviewed for a maximum of — why you were at a particular place. to a copy if a court makes an order. and advance your legal rights. During the four hours at any one time. interview, the solicitor can: • If you don’t mention something that you use • intervene to clarify a point Do I have to answer questions? as your defence later in court. If I give a statement and a Garda • challenge an improper question or the manner Generally, you can choose to remain silent. • If you are being investigated for membership writes it out for me, should I sign it? in which it is put to you. But if you choose to remain silent, this may of an unlawful organisation or for an offence Once you have signed a statement, it can • advise you not to answer a particular question. sometimes be used as evidence against you of organised crime and you refuse to answer be used as evidence against you. It is • request the suspension of your interview if they later in court. The answer to the next question certain questions. advisable to talk with a solicitor before want to advise you further in private. explains this in more detail. signing any statement.

A solicitor is not allowed to answer questions on your behalf or obstruct appropriate Garda conduct and appropriate questioning during your interview.

16 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 17 PROVIDING SAMPLES

What happens if I refuse to sign a What happens if I am part of an Do I have to agree to have If I have not been arrested must I statement prepared by a Garda? identification parade? my fingerprints, palmprints still give a breath sample? You do not have to sign anything that you are Before an identification parade, the Gardaí and/or photograph taken? Even when you are not arrested there are not comfortable with. You can ask to talk to should tell you that you have the right to refuse If you fail or refuse to give a sample certain circumstances where if you are in your solicitor before signing any statement. to take part and that you have the right to reasonable force may be used to obtain the charge of a vehicle, a Garda can request you to have a solicitor present. There should be at sample. If you are detained in a Garda station, provide a breath sample when they are of the least eight other people of similar age, height, a Garda can take your fingerprints, palmprints opinion that: What if I am asked to take part in an appearance and dress as yourself in the and/or your photograph without your consent. identification parade? parade. You or your solicitor can object to the The Garda can use reasonable force to take • You have consumed alcohol You do not have to take part in an identification participation of any of the people in the parade the fingerprints, palmprints and/or photograph • You are committing an offence under the parade. But if you refuse, it is possible that and the Gardaí should note your objection. with the authorisation of a Superintendent. Road Traffic Acts the Gardaí will hold an informal identification Sometimes, there will be no glass window • Your car has been involved in a collision which does not have as many safeguards. separating you and the person making the If you are charged with an offence, your identification. The Gardaí should keep a record How long can the Gardaí If you do not comply with this request, refusal might be used against you at trial. It of all the other people in the parade and their keep my fingerprints you may be committing an offence and can is advisable to speak to your solicitor before appearance. be arrested. taking part in an identification parade. and/or photograph? There are a number of circumstances under which your fingerprints, palmprints and/or photograph are to be destroyed within three Do I have to give other months from the date a set of circumstances kinds of bodily samples? apply such as: If you are being detained in a Garda station, a Garda may take the following samples from • you have not been charged; you without your consent: • you have been charged but not found guilty; or • saliva, • the case has been discontinued. • hair (other than pubic hair), • nail clippings, • material found under a nail, • a swab from any part of your body including your mouth (but not including your genital region or other body openings), or • a footprint or impression of any part of your body.

18 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 19 PROVIDING SAMPLES

If you obstruct the Gardaí in taking any What information should be given How can my bodily samples What if I have not been arrested? of the above samples, you may be guilty of before a bodily sample is taken? be used? If a Garda is of the opinion that person is an offence. A Garda must have your consent You should be given information including The sample may be used for forensic driving or attempting to drive in a public to authorise a doctor, nurse or dentist to take: what you are suspected of; whether your testing and may be given in evidence in place a vehicle under the influence of an sample will be used to create a DNA any criminal proceedings. In addition the intoxicant,you may be required to perform an • samples of blood, public hair or urine; profile etc. sample may be used to create a DNA profile "impairment tests". If you fail to perform this • a swab from your genital region or any body and stored on a DNA Database System. test without a reasonable excuse you may be opening (other than your mouth), or In addition you should be told of your right This profile contains an analysis of DNA convicted of an offence. • a dental impression. to consult with your solicitor prior to the material such as your blood or saliva so commencement of the testing. that you can be identified at a future date. Your DNA profile could then be compared An inspector must authorise the taking of any Can I remove my details from the against samples taken from crime scenes. of these bodily samples. He or she must have DNA Database? reasonable grounds to suspect you of being What if I refuse to consent In certain circumstances your DNA profile involved in an offence (and this offence must to give a sample? If you are detained and a Garda has created from the sample given will be be the reason why you are being detained), If you refuse to give a sample without good reasonable grounds for suspecting you are removed from the DNA Database for example and that the bodily sample will tend to confirm cause, a judge or jury may draw an inference involved in the criminal act for which you are when you are acquitted of the offence or or disprove the involvement of from this. They may then use this inference detained or the sample will tend to prove or proceedings are not commenced against you. you in an offence. to corroborate other relevant evidence disprove your involvement in the criminal act. against you. In other words, the judge or jury There are additional circumstances where may consider that your failure or refusal to if you have previously been convicted of a provide the sample supports other evidence What if I have been arrested on certain offence that you may be required to of your guilt that has been given to the court. suspicion of drink driving? provide a sample to create a DNA profile on If you are arrested on suspicion of drink the DNA Database System. If a Garda asks for a sample of your driving, a Garda can require you to give a blood, breath or urine because he or sample of your breath, blood or urine. If she suspects you of drink driving, it is a you refuse to give a sample, you may be criminal offence to refuse. This means committing a more serious offence. you could be arrested and charged. A Garda can also require you to accompany him or her to a Garda station to give a How long can the Gardaí keep sample even if you are not under arrest. my bodily samples? A Garda can also require you to give a sample of blood or urine if you are in a The Gardaí must destroy any bodily samples hospital after a road traffic accident. after 12 months if you are acquitted (found innocent) or if the case is not continued. However, the Director of Public Prosecutions can apply to the District Court to keep the samples for longer.

20 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 21 CHILDREN & YOUNG PEOPLE PEOPLE WITH FOREIGN INTELLECTUAL NATIONALS Can the Gardaí arrest me if The Gardaí can also refuse to allow your If you are a foreign national, you have the I am under 18? parent or guardian to sit in on the interview OR LEARNING same right as anyone else to contact a The Gardaí have the same powers whether if they believe that your parent or guardian solicitor. You also have the right to contact they are dealing with a child, a young person could have been involved in the suspected DISABILITIES your embassy or consul if you wish. For or an adult. But, if you are under 18, the offence or that their presence might cause an information on how to contact your embassy Gardaí must act with additional respect for obstruction of justice. If a Garda suspects or knows that you are or consul, see the ‘Embassies’ section at the your personal rights and must take into suffering from an intellectual disability, he end of this pack. account both the fact that you are younger However, if the Gardaí propose to question or she must treat you similarly to someone and your level of maturity. you in the absence of a parent or guardian, they aged under 18 years and you should have a In addition to the powers of detention must try and arrange for your other parent, parent or guardian with you at the interview. under the general criminal laws, there are another relative or some other responsible If your parent or guardian is not available, also immigration control laws that allow Who will be told if I am arrested adult (such as the local peace commissioner) a responsible adult who has experience in foreign nationals to be detained. Under the to be present at the interview. dealing with someone with an intellectual Immigration Act 1999, for example, you can and brought to a Garda station? disability should be present with you. be arrested and detained without a warrant. The member in charge of the Garda station You can also be detained if a deportation must tell your parents or guardian that you order has been made against you. are in custody, why you are there and that Where will I be held in the you have the right to a solicitor. The member Garda station? If you are a foreign national or a Garda in charge must ask your parent or guardian The member in charge of the Garda station PEOPLE WITH suspects that you are a foreign national, he to come to the station as soon as possible. must try and make sure that you are not or she can ask you to produce your passport detained with adults unless there is no other A HEARING or certificate of registration on demand. secure accommodation available. If you cannot give a satisfactory explanation Can the Gardaí question me DISABILITY as to why you cannot supply these documents, on my own? you could be detained and found guilty of No. You have the right to have a solicitor OR A SPEECH an offence. present during questioning. In addition, if you are under the age of 18, the Gardaí must IMPEDIMENT If you are an immigrant, refugee or asylum not question you or ask you to make a written seeker and you are arrested because of statement without your parent or guardian something to do with your status, you can If you have a hearing disability or a speech present, except if: contact one of the support organisations impediment you must be provided with listed at the end of this pack. appropriate assistance. • they cannot get in touch with your parent or

guardian; If you have a hearing disability, the Gardaí • your parent or guardian has been told but cannot question you without an interpreter they have not come to the Garda station in a unless you agree to this in writing. If there reasonable time; or is no interpreter available, the Gardaí must • the Gardaí believe that people or property question you in writing. might be at risk if questioning is delayed.

22 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 23 INTERPRET- PUBLIC ATION ORDER If you do not understand English or are Protest & Assembly Can the Gardaí take my photograph Criminal Justice concerned that you won’t understand what What should I do if I want to or video my movements at a (Public Order) Act 1994 the Gardaí are telling or asking you, for protest? protest event or demonstration? This Act covers a wide range of public order example in an interview, you should ask for an offences and gives the Gardaí many powers to interpreter. If you are an asylum seeker and You have the constitutional right to freedom There is nothing to stop Gardaí watching deal with offences and crowd control at public are in detention, you are entitled to receive the of speech (the right to speak freely). You protest events or taking photographs or video events and demonstrations. assistance of an interpreter and to talk to a also have the right to freedom of assembly footage. However, if they do, they must not solicitor. (the right to gather together peacefully breach your right to privacy and must comply ‘Public place’ includes all places to which a and without weapons). These rights with data protection rules. These are rules member of the public has access. are also protected under the European controlling how your personal information, Convention on Human Rights. Sometimes, including photographs or video, is kept, who Situations that the Act covers include being your right to free speech or to gather has access to it and how it is destroyed. If the on the streets after a night out, going to a peacefully can be restricted if it would affect Gardaí want to use the photographs or video concert or football match, or taking part in public order or morality (see below). as evidence to prosecute you for an offence, a demonstration. Possible offences covered they must get permission from a judge or include: senior Garda beforehand. Can I gather with a group of people • Begging (if while begging without a permit at any time or in any place? or authorisation you harass, intimidate, You have the right to gather peacefully unless How should the Gardaí treat me? assault or threaten any other person or it affects public order (see below). A gathering The Gardaí should at all times treat you with obstruct the passage of persons or vehicles) of people on private land that they do not own respect. They should not have any physical could be considered a trespass or obstruction. contact with you unless they are defending • Intoxication in a public place (if you are If the protest is not peaceful and there is themselves, protecting other people or in a public place and are so intoxicated that violence, you could be charged with a criminal property or placing you under arrest. If using a Garda would reasonably suspect that you offence (see below). force, they should use no more force than is might endanger yourself or someone else) reasonably needed in the circumstances. • Disorderly conduct in a public place (if What can the Gardaí do? you behave unreasonably and offensively The Gardaí should facilitate people who so that you could cause serious offence or choose to assemble and protest. However, annoyance) under the Public Order Act, the Gardaí can restrict access to an event. They can monitor • Threatening, abusive or insulting an event and if they see someone committing behaviour in a public place an offence under the Public Order Act (or other offence), they may be able to arrest that • Handing out or displaying threatening, person. However, the Gardaí should never use abusive, insulting or obscene material unreasonable force in policing events.

24 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 25 PUBLIC ORDER

• Failing to comply with a direction from • Affray (If 2 or more people who are Garda Powers under the In addition, a Garda can ask you to leave land a Garda (If a Garda suspects that you are together in any place use or threaten to use Public Order Act that you are occupying if you are likely to loitering or behaving in a way that could be violence in a way that would cause someone substantially damage the land. If you do not an offence under the Public Order Act, the to fear for their or someone else’s safety, 1. Arrest leave the land as the Garda asks, that could be Garda can ask you to stop or to leave the each of them could be charged with affray.) Gardaí do not need a warrant to arrest an offence in itself. area. If you do not do as the Garda asks, it anyone found committing one of the following could be an offence.) • Trespass (It is an offence to trespass on a offences: 4. Crowd control building or the grounds of a building where A Superintendent can authorise Gardaí to set • Failing to comply with a request or someone might think that you are there to • intoxication in a public place; up a barrier to stop people getting access direction made when a Garda believes commit an offence or to trespass in such a • threatening, abusive or insulting behaviour in to an area where an event, which is likely to that you are in possession of an way that causes or is likely to cause fear in a public place; attract a large number of people, is taking intoxicant and may interfere with the another person.) • distribution or display of threatening, place or is about to take place. A Garda can public peace (If a Garda believes that • Wilful obstruction of vehicles or people abusive, insulting or obscene material; direct you to another entrance but cannot you have alcohol or drugs and that you (It is an offence to intentionally prevent or • failure to comply with a direction of a Garda; stop you entering unless a ticket is required. may interfere with the public peace, the obstruct the movement of anyone or any • trespass; It could be an offence if you don’t follow the Garda can demand an explanation, seize vehicle in a public place.) • riot, violent disorder, affray; direction of a Garda. the container or ask you to leave the area, • assault or obstruction of a peace officer. among other things. If you do not do as the • Entering and occupying land without 5. Alcohol Garda asks, it could be an offence.) consent (It is an offence to enter and stay If you are in a public place and have a bottle on land where it is likely to damage the land 2. Request for name & address If a Garda believes that you have committed or container containing alcohol and are acting • Riot (If 12 or more people who are together or services to the land.) an offence under the Public Order Act, he or in a way that could cause worry for safety or in any place use or threaten to use violence she can ask for your name and address. public peace, a Garda may: in a way that would cause someone to fear • Failure to give your name and address If you refuse to give your name and address for their or someone else’s safety, each of to a Garda or give one that the Garda thinks is false or • ask you to hand over the bottle or container; the people in the group could be charged misleading, the Garda can arrest you without • ask you to leave the area; with riot. There has to be a common reason • Assault or obstruction of someone a warrant. • ask you for your name and address. for the behaviour.) providing medical services or a peace officer(Peace officers include Gardaí, The failure to give your name and address or If you don’t do as the Garda asks, that could • Violent disorder (If 3 or more people who prison officers, members of the fire brigade, to give a false or misleading one is an offence be an offence in itself. are together in any place use or threaten ambulance personnel or members of the in itself. to use violence in a way that would cause defence forces).

someone to fear for their or someone else’s safety, each of the people in the group could 3. Garda directions Gardaí have certain powers to ask members be charged with violent disorder.) of the public to stop behaving in a way that would be an offence under the Act. Gardaí can ask you to leave the area in a peaceful and orderly way. A Garda can also take a bottle or container from you if he or she suspects that it contains alcohol. 26 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. IRISH COUNCIL FOR CIVIL LIBERTIES 2014 27 CONTACTS

Checklist for ASYLUM SEEKERS & REFUGEES CHILDREN & YOUNG PEOPLE public order incidents Irish Refugee Council Refugee Legal Services Children’s Rights Alliance This non-governmental organisation This is a specialised office of the Legal The Children’s Rights Alliance is a coalition It is a good idea to liaise with local Gardaí (NGO) advocates on behalf of refugees and Aid Board. It provides confidential and of non-governmental organisations working before you organise a protest event. asylum seekers. independent legal services to people to secure the rights of children in Ireland by applying for asylum and on immigration campaigning for the implementation of the Always give your correct name and Second Floor and deportation matters. United Nations Convention on the Rights of address if asked by a Garda. Ballast House the Child. You could contact the Alliance if Aston Quay Always co-operate as fully as possible Dublin: you had any questions about your rights as a Dublin 2 and remain calm. 48/49 North Brunswick Street child or young person. Tel: 01 764 5854 Georges Lane Always try to do as a Garda asks you, Email: [email protected] Children's Rights Alliance Dublin 7 for example to move along. www.irishrefugeecouncil.ie 31 Molesworth Street Tel: 01 646 9600 Dublin 2 If you are arrested, remain calm and Email: [email protected] be as co-operative as possible. Integration Ireland Tel: 01 662 9400 This non-governmental organisation is Email: [email protected] Cork: If you are arrested, tell a friend what has happened an non-profit organisation focused on www.chidlrensrights.ie North Quay House and which Garda station you are being taken to. immigrant integration on a nation-wide Popes Quay basis in Ireland. Office of the Ombudsman for Children Contact a solicitor as soon as possible (see the Cork This office gives advice to the government section on your rights at the Garda station). Head Office: Tel: 021 4554634 on children and young people. It conducts 20 Mountjoy Square East Email: [email protected] If you have any issues with the way in which you research and also handles complaints. Dublin 1 are treated by Gardaí, you should contact the Tel: 353 1 6453070 Garda Síochána Ombudsman Commission. The Galway: Millennium House Email: [email protected] Commission’s details are at the end of the pack. Seville House 52-56 Great Strand Street, Dublin 1 www.integrationcentre.ie New Dock Road Tel: 01 865 6800 Galway Free-phone 1800 20 20 40 UNHCR Office Tel: 091 562480 Email: [email protected] www.oco.ie This UN agency coordinates efforts to Email: [email protected] protect refugees and resolve challenges CRIMINAL JUSTICE facing refugees. An Garda Síochána Merrion House The Irish police service Suite 4 1-3 Lower Fitzwilliam Street Garda Headquarters Dublin 2 Phoenix Park, Dublin Tel: 01 631 4613 Tel: 01 666 0000 www.unhcr.ie Garda Confidential Line: 1 800 666 111 Emergencies: 999/112 www.garda.ie

28 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 29 CONTACTS

EMBASSIES LEGAL MATTERS

Courts Service of Ireland If you need to contact your embassy or Pinebrook House, 71–74 Harcourt Street, Bar Council Legal Aid Board Department of Justice and Equality The Courts Service manages the courts, consular office in Ireland, the best thing to Dublin 2 This is the representative and regulatory Dublin Office, 47 Upper Mount Street Immigration matters on behalf of the including court facilities, maintains the do is to contact the Department of Foreign body for barristers. If you are looking for Dublin 2 Government are dealt with by the Asylum, Montague Court, Montague Street, Dublin 2 court building, provides support services Affairs where you will get information about a barrister or have a complaint about your Tel: 01 644 1900 Immigration and Citizenship Division. Tel: 01 602 8202 for judges and gives information on the your embassy or consular office. barrister, you can contact the Bar Council. www.legalaidboard.ie Locall: 1890 221 227, Email: [email protected] Asylum, Immigration and Citizenship court system to the public. www.justice.ie Bar Council Administration Office Division Department of Foreign Affairs Free Legal Advice Centres 15 - 24 Phoenix Street North Four Courts, Dublin 7 13–14 Burgh Quay, Dublin 2 Consular Section This non-governmental organisation Smithfield, Dublin 7 Department of Foreign Affairs Tel: 01 817 5000 Tel: 01 616 7700 69-71 St. Stephen’s Green, Dublin 2 works towards achieving social justice. Tel: 01 888 6000 This government department deals email: [email protected] Lo-Call: 1890 551 500 The organisation works across a range of www.courtservice.ie For the Munster area: with diplomatic issues and Ireland’s www.barcouncil.ie www.justice.ie issues and provides some basic, free legal Consular Services interests abroad. services to the public. The Law Society of Ireland Integration Ireland Garda Síochána Ombudsman Department of Foreign Affairs Iveagh House, This is the representative and regulatory 13 Lower Dorset Street, Dublin 1 This non-governmental organisation is Commission 1A South Mall, Cork 80 St Stephen’s Green, Dublin 2 body for solicitors. If you are looking for Information & Referral Line: 1890 350 250 an non-profit organisation focused on The Commission deals with complaints Tel: 01 408 2000/ 408 2585/ 408 2302 Tel: 01 4780822 / LoCall: 1890 426 700 a solicitor or have a complaint about your Tel: 01 8745690 immigrant integration on a nation-wide made by the public about the conduct of www.dfa.ie www.dfa.ie Gardaí. If you have a complaint to make solicitor, you can contact the Law Society. www.flac.ie basis in Ireland. against a Garda, you should contact EMPLOYMENT Citizens Information Board Blackhall Place, Dublin 7 Head Office: IMMIGRATION the Commission. This is a national agency which is responsible Tel: 01 672 4800 20 Mountjoy Square East, Dublin 1 National Employment Rights Authority 150 Abbey Street Upper, Dublin 1 for giving information and advice on social Email: [email protected] Tel: 353 1 6453070 This organisation provides information to Immigrant Council of Ireland Tel: 01 871 67 27 services and money matters. It also provides www.lawsociety.ie Email: [email protected] employees and employers on employment The Immigrant Council is a non- LoCall: 1890 600 800 advocacy services. Information is available www.integrationcentre.ie rights and to ensure compliance with governmental organisation that promotes Email: [email protected] through the citizens information services in Legal Aid Board employment law. the rights of migrants through www.gsoc.ie person, by phone or on the website. The board is responsible for legal aid PEOPLE WITH A DISABILITY information, legal advice, advocacy, O’Brien Road , Carlow where people are not able to afford legal LoCall: 0761 07 4000 lobbying, research and training work. The Office of the Director of Tel: 059 917 8800 assistance. It provides legal aid in relation Inclusion Ireland www.citizensinformation.ie Council is also an Independent Law Centre. to civil issues – such as suing for personal Inclusion Ireland is a national voluntary Public Prosecutions (DPP) NERA Information Service There are 268 offices which provide injury or applications for asylum. It does 2 St Andrew Street organisation working to promote the rights The DPP is in charge of prosecutions Lo-Call 1890 80 80 90 information to people. You should call the not deal with criminal issues. Dublin 2 of people with an intellectual disability on behalf of the state and the people www.employmentrights.ie telephone helpline or visit the website to Telephone (admin): 01 674 0202 in Ireland. of Ireland. find the one closest to you Head Office Email: [email protected] GOVERNMENT Quay Street, Cahirciveen, Co. Kerry Unit C2, The Steelworks, Foley St., Dublin 1 Infirmary Road, Dublin 7. www.immigrantcouncil.ie Tel: 01 858 8500 Other government departments Tel: 066 947 1000 Tel: 01 855 9891 Department of Justice and Equality www.dpp.ie To get information about other government LoCall: 1890 615 200 Email: [email protected] This government department deals with a departments, you should contact the Email: [email protected] www.inclusionireland.ie broad range of issues such as criminal and citizens information services. You can find a civil law reform, equality, property issues and, list of all government departments, agencies asylum and immigration. and bodies on www.gov.ie.

30 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 31 CONTACTS

PRISONS

National Disability Authority Irish Penal Reform Trust Irish Human Rights and This is the state agency on disability This organisation campaigns for the rights Equality Commission issues. They provide advice to the of people in prison and for prison reform. Ireland’s statutory national human government on disability issues. rights and equality institution. MACRO, 1 Green Street, Dublin 7 25 Clyde Road Tel: 01 874 1400 Jervis House, Jervis Street, Dublin 1 Dublin 4 Email: [email protected] Tel: 01 8589601 Tel: 01 608 0400 www.iprt.ie Fax: 01 8589609 Email: [email protected] www.ihrc.ie www.nda.ie TRANSLATION & www.equality.ie INTERPRETATION Irish Deaf Society This organisation provides support to Irish Translators DESIGNED AT WWW.DETAIL.IE people who have a hearing disability. & Interpreters Organisation This body represents translators and 30 Blessington Street interpreters. If you are looking for a Dublin 7 translator or interpreter, you could Tel: 01 860 18 78 contact them for advice. Minicom: 01 - 860 1910 SMS: 086 3807033 c/o Irish Writers’ Centre E-mail: [email protected] 19 Parnell Square www.irishdeafsociety.ie Dublin 1 Tel: 0 87 673 8386 National Council for the Blind www.translatorsassociation.ie This organisation offers support and services nationwide to people experiencing OTHER difficulties with their eyesight. Data Protection Commissioner Whitworth Road The Data Protection Commissioner Drumcondra is responsible for upholding the data Dublin 9 protection rights of individuals and Tel: 01 830 7033 holding to account organisations that LoCall: 1850 33 43 53 breach those rights. Email: [email protected] www.ncbi.ie Canal House, Station Road Portarlington, Co. Laois Tel: 057 868 4800 LoCall: 1890 252 231 www.dataprotection.ie

32 IRISH COUNCIL FOR CIVIL LIBERTIES 2014 NOTE: THIS PACK IS FOR YOUR INFORMATION ONLY. IT IS NOT INTENDED TO BE A SUBSTITUTE FOR LEGAL ADVICE. WHEN DEALING WITH THE GARDAÍ, YOU SHOULD CONTACT A SOLICITOR AS SOON AS POSSIBLE. 33 KNOW YOUR RIGHTS: Criminal Justice & Garda Powers 2ND EDITION

This is the first of a series of packs designed to inform people about their rights. The pack is written in everyday language and we hope that you will find it informative and easy to use.

The packs are also available on our dedicated webpage, www.knowyourrights.ie, which will be updated regularly as the law changes. Details of the upcoming packs in the series will also be available on the webpage.

The Irish Council for Civil Liberties wishes to thank Fionnuala O’Sullivan BL who carried out the legal research for this pack for the original edition in 2010 and to Dara Robinson and Matthew Kenny of Sheehan & Partners who carried out legal research for the updated pack.

Published by the Irish Council for Civil Liberties (ICCL) 9-13 Blackhall Place Dublin 7 T: +353-1-7994504 E: [email protected] www.iccl.ie

Statement of the law as of June 2014 ISBN: 978-0-9568928-7-4

34 IRISH COUNCIL FOR CIVIL LIBERTIES 2014