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Criminal Proceeding and Defence Rights in Ireland

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Criminal Proceeding and Defence Rights in Ireland CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN IRELAND Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice. This factsheet covers: - Definitions of key legal terms; - Information about criminal proceedings and defence rights in Ireland; and - Useful Links We have prepared this factsheet with the assistance of local criminal lawyers, who tried to describe how things happen in reality. Even within one country, however, practice can vary greatly from one place to another your own experience could differ from the descriptions below. This document does not constitute legal advice and only provides general information. If you need advice in relation to your specific case, or if you are concerned about a possible violation of your rights, you should discuss this with your local lawyer. If you think an important question is not covered by this note, please let us know by filling out the sheet attached at the end. We would also appreciate it if you could also take a few moments to give us some feedback about this note. Your comments will help us to improve our services. “Fair Trials” comprises Fair Trials International and Fair Trials Europe. Fair Trials International is a registered charity (no. 1134586) and in 2010 was incorporated with limited liability in England Wales (no. 7135273). Fair Trials Europe is a registered public foundation in Belgium (registered number 0552.688.677). We were initially founded in 1992 with the name “Fair Trials Abroad”. IMPORTANT This leaflet was last updated in March 2016. The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided. You should always seek professional legal advice from a lawyer qualified to practice in the jurisdiction you are in. DEFINITIONS OF KEY LEGAL TERMS Appeal: An opportunity to dispute a decision made at trial (either on guilt or on sentence) by asking a higher court to review it. This can result in the decision being overturned or changed. Bail: The temporary release from garda custody of a person accused of a crime and awaiting trial. Barrister: Barristers are lawyers who represent clients in the higher courts and plead their case. Bar Association: An organisation whose role is to represent lawyers and help people in their dealings with lawyers. Charge: A written statement accusing a person of carrying out an offence. Circuit Court (an Chúirt Chuarda): A court that hears more serious civil and criminal matters. You can appeal the outcome of a case heard in the Circuit Court to the High Court. Consulate: The section of the embassy whose task is to assist its citizens. Court of Appeal (an Chúirt Achomhairc): A court that is competent to hear criminal appeals (i.e. challenges) made to decisions of the Circuit Court and High Court. 1 Fair Trials – Criminal Proceedings and Defence Rights in Ireland – March 2016 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. District Court (an Chúirt Dúiche): A Court which initially hears minor civil and criminal matters. You can appeal the outcome of a case heard in the District Court to the Circuit Court. Embassy: The office of a government official who resides in a foreign country and represents his/her government’s interests. European Court of Human Rights: The Court is based in Strasbourg, France, and hears human rights cases against the 47 countries which make up the Council of Europe (which is different from the European Union). Garda: The police in Ireland are referred to as Garda. Judge: A person with authority to hear and decide on cases in a court of law. Jury: A body of people required to give a verdict in a legal case on the basis of evidence submitted to them in court. Judgment: A decision on a case provided by a judge or jury in a court of law. Lawyer: A person whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters. In Ireland, lawyers can be either solicitors or barristers. Legal Aid: Financial assistance provided to a person who needs a lawyer and who cannot afford to pay for one. Plea Bargain: A procedure which allows the defendant to plead guilty in exchange for a less severe sentence. Pre-trial Detention: Detention in Garda custody or in prison during the investigations (and often during the trial itself as well), which happens before the decision on guilt or innocence is made by the court. Public Prosecutor: A barrister who conducts a case against a person who is accused of a crime. Remand: The act of sending a person accused of a crime into Garda custody. Sentence: The punishment assigned to a person convicted of a crime as fixed by a court of law. Solicitor: A lawyer who is qualified to represent clients in certain lower courts and who prepares cases for barristers to present in higher courts. Special Criminal Court (An Chúirt Choiriúil Speisialta): A court which hears serious criminal cases or criminal cases which the lower courts are inadequate to address. There is no jury in the Special Criminal Court. Summary Trial: A trial whereby the defendant has been charged with a minor offence (i.e. an offence to do with traffic, drugs or criminal damage) will be decided by a judge sitting without a jury in the District Court. Warrant: A document issued by a legal or government official authorising the Garda to make an arrest, search premises, or carry out some other action relating to the administration of justice. INFORMATION ON CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN IRELAND Q1. WHERE DO THE LAWS OF IRELAND APPLY? The laws of Ireland (‘Irish law’) only apply in the Republic of Ireland. Irish law does not cover Northern Ireland, which is governed by the United Kingdom, and has a legal system that is different from the rest of the island. Q2. WHAT ARE MY RIGHTS UPON ARREST? The Garda must have good reasons for believing your detention is necessary to investigate the offence. The length of time they can keep you at the station will depend on the case they are investigating. As a general rule, the Garda cannot legally detain you for more than 24 hours without charging you (i.e. without formally informing you of the allegations against you), but in some cases, your detention could be extended to 72 hours. There are also circumstances in which you could be held in police custody for up to 7 days, with the approval of the judge within the first 48 hours of the arrest. This could happen if the judge is satisfied that the Garda are conducting their investigation thoroughly and quickly, and further detention is necessary to secure or preserve evidence relating to your alleged crime, or to obtain such evidence by questioning you. 2 Fair Trials – Criminal Proceedings and Defence Rights in Ireland – March 2016 This note is intended to be for information purposes only and does not constitute legal advice. Take local legal advice on your specific situation. If the Garda no longer have any grounds for believing that your detention is necessary to properly investigate the offence or your detention period has expired, then you must either be charged with an offence, or released from custody. (a) Right to information: (i) Will the police inform me of my rights? Will this be done orally or in writing? Yes, a garda (police officer) should inform you of your rights. You should be told why you have been arrested. There is an obligation on the arresting officer to inform you of your general right to remain silent during questioning. This is done by way of a ‘caution’. The caution will state “You are not obliged to say anything unless you wish to do so but anything you say may be taken down in writing and may be used in evidence”. The warning will be made orally and will be made once you have been charged. Finally, you should be given a written notice of your rights and entitlements in a language you can understand. (ii) Do I have the right to be informed of the allegations/charges against me? Yes, you do have a right to be informed of the allegations/charges against you, on arrest or as soon as possible afterwards. (b) The right to inform people: (i) Do I have a right to have the consulate informed of the arrest? Yes. If you are not an Irish Citizen, you can have your embassy or consulate informed of your arrest. (ii) Do I have a right to inform my family of the arrest? Yes. At the Garda station, you have the right to have a relative informed of the fact that you are detained. You do not necessarily have the right to speak to the relative directly. (c) Do I have a right to a lawyer? Yes, you have a right to a solicitor (lawyer).
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