Description
Book SynopsisThe investigation of crime is a core function of An Garda Síochana. As a result, the arrest, detention and questioning of criminal suspects is a routine process in Garda investigations. The legal architecture that permits such questioning is a combination of relatively new legislation and regulations overlaid on other rules and procedures that are sometimes ancient in origin. Consequently, there can be inherent contradictions that appear throughout the system and elements of the process can often appear overly complex even to practitioners. People outside the legal profession can oftentimes find the procedures involved bewildering. Arrest, Detention and Questioning: Law and Practice examines the legislation, rules and regulations that protect the rights of a suspect in custody for interrogation. These include the detention provisions themselves, the custody regulations, audio-visual recording and the role of solicitors in the process. It is within this framework that Gardaí must work to solve crime and prosecute those responsible before the courts. The interview training method available to Gardaí and efforts by successive governments to rebalance the criminal justice system are all explored.
Table of ContentsCHAPTER 1: INTRODUCTION CHAPTER 2: POWER OF ARREST Introduction Grounds for Arrest Suspicion as the Basis of Arrest Rearrest CHAPTER 3: FORMALITIES OF ARREST Introduction Communication of Reason or Grounds Use of Force Location of Arrest CHAPTER 4: DETENTION PROVISIONS Introduction The Introduction of Routine Detention Section 4 Detention Criminal Justice (Drug Trafficking) Act 1996 Criminal Justice Act 2007 Offences against the State Exclusion of Time CHAPTER 5: GATHERING EVIDENCE Introduction Exclusion of Evidence: The `Exclusionary Rule’ Search Before Arrest Search of Persons on Arrest Search of Persons After Arrest Identification Parades Voluntary Attendance to Assist Investigation Preservation of Evidence CHAPTER 6: REGULATIONS TO PROTECT PRISONERS Introduction Arrested Persons and Custody Regulations Custody Regulations and Questioning Audio-Visual Recording of Questioning Questioning Vulnerable Suspects Compliance With Regulations CHAPTER 7: SOLICITORS AND LEGAL ADVICE Introduction Access to Legal Advice Role of Solicitor The Interview Denying the Suspect Legal Advice CHAPTER 8: THE JUDGES’ RULES Introduction The English Criminal Law The Judges’ Rules Application of the Judges’ Rules CHAPTER 9: OTHER PROTECTIONS Introduction Fairness of Procedure Voluntariness Corroboration CHAPTER 10: ADVERSE INFERENCES AND SILENCE Introduction Use of Silence Adverse Inferences General Requirements to Use of 2007 Inferences Section 2 of the Offences against the State (Amendment) Act 1998 Gangland Crime Inferences In Criminal Justice Act 2006 Safeguards
