EU countries, including the UK, have facilitated remote access to police interrogations and identified appropriate stations to facilitate social distancing. Fees are paid to lawyers for telephone consultations and consultations with persons detained in Garda stations, the lawyer`s participation in a formal interview between the Gardaí and the detainee and/or if a lawyer is obliged to participate in an identity parade if a person is detained in accordance with the regulations: From 1 to 13 May 2020, Shalom Binchy Solicitors conducted an online survey, during which fellow lawyers were asked about their recent experiences in providing legal advice to suspects detained in Garda neighbourhoods during the initial phase of the COVID-19 public health emergency (March to May 2020). It is entirely the responsibility of the inmate requesting to use the program to complete the “Statement of Resources” section. However, it should be noted that it will not be possible to review or process a lawyer`s request for free legal advice or subsequent request for legal fees if the section on the declaration of resources is not completed in full. (e) the person has a legal right to consult a lawyer and insufficient resources to pay for his or her own legal advice at Garda Station. Section 2 of the GLAS 2 form contains the name of the lawyer providing the advice, the number of telephone and hospital consultations of the lawyer/detainee, as well as details of the lawyer`s presence at the station. Care should be taken to ensure that if only telephone or stationary consultations take place (as opposed to lawyers` participation in job interviews or identity parades), only the “consultation boxes” in Section 2 are completed. Section 2 must be completed by the lawyer after each detention and, subject to verification in conjunction with the police custody protocol, checked and stamped by a member of An Garda Síochána on duty at the relevant police custody station. Rely on Philip Hannon`s advice if you or a loved one needs legal advice during your arrest, when you go to a Garda station for questioning, or for someone contacted by Gardai and invited to testify.
When the interrogation is completed, or if there is a pause (or intervals) between the interrogation periods and the time at which the lawyer leaves the station, all departure times must be recorded by the police custody officer. If a lawyer returns to the neighbourhood after a break to resume consultations and/or participate in an interview, this must be recorded by the police custody officer in the custody file. This information should also be noted on the GLAS 2 form. If you are detained at a Garda station and wish to apply for the programme, you must complete the GLAS 2 form (pdf). The form is available from: Current practice leaves lawyers and suspects free to choose whether to visit the station in circumstances where it is impossible to comply with government public health directives or to return to pre-2014 practice – i.e. No legal advice during interrogation. Requests for free legal advice from detainees under the Garda Station`s revised legal advice programme, as well as the lawyers` subsequent request for payment of their fees, are set out on Form GLAS 2. This GLAS 2 form was introduced on 15 August 2014 to reflect the new circumstances in which lawyers will be made easier to participate in Garda/prisoner interviews. All sections of this form must be completed so that the inmate`s request for free legal advice and the subsequent request for legal fees can be considered.
There is no obligation for a person to seek access to the Garda resort`s revised system of legal advice and a person may choose to fund the provision of their legal advice in a private capacity and from personal funds. However, a person who chooses to apply for assistance under the scheme, if his or her application is accepted, will only receive legal assistance under the provisions of the scheme. It should be noted that the financial assessment of whether a detainee would be entitled to legal advice under the scheme is completely independent of the assessment carried out by the court to determine whether a defendant is entitled to legal aid under the main scheme of legal aid in criminal matters. The two processes operate under completely different rules and are in no way related. Under the revised Garda Station legal aid scheme, the prisoner is entitled as explained above, while legal aid under the main legal aid scheme for criminal matters is granted by the Court of Justice under the Criminal Justice (Legal Aid) Act 1962. A person`s right under one system does not confer or imply eligibility in the other. The Garda Posts Legal Advice Programme was introduced in 2001 to provide free legal advice to persons detained in Garda stations who are entitled to legal aid under certain eligibility criteria. The plan was originally administered by the Legal Policy Division of that division, but the administration of the plan was transferred to the Legal Aid Committee effective October 1, 2011. COVID-19 poses new and unexplored challenges for lawyers and An Garda Síochána to defend and protect suspects` rights to legal advice and representation during the interrogation process while in Garda custody. There are three different types of fees under the system.
The first is a fixed fee payable to a lawyer for each person detained at a Garda station, which is advised by telephone consultation or by consultation between the lawyer and the detainee on the spot.
