There are other situations in which you could be held in a Garda station, as listed in the examples below.

 • If you are arrested under the Road Traffic Acts, you could be held in a Garda station to  give a sample of breath, blood or urine.

 • If you are arrested under the Road Traffic Acts and the member in charge of the Garda station believes that you are under the influence of drugs or alcohol and that you could be a threat to the safety of yourself or someone else, he or she can detain you in custody for up to six hours.

 • If you are asked to accompany a Garda to a Garda station for a search under the Misuse of Drugs Acts.

 • If a Garda believes you are suffering from a mental disorder and there is a likelihood that you could harm yourself or others, he or she can take you into custody. As soon as possible, the Garda must ask a doctor for a recommendation that you should be detained due to mental health illness. If the doctor does not give a recommendation to detain you, the Gardaí must release you immediately.

If you are in custody in a Garda station, the Gardaí must respect your personal rights and your dignity as a human being. There are rules about how the Gardaí must treat people in custody.

 Who is the ‘member in charge’?

Every Garda station must have a ‘member in charge’. The member in charge is the Garda who is in charge of making sure that the rules about your detention are fully complied with. Often, the  member in charge will be the sergeant working in the custody area where you are being held. The member in charge need not be the most senior Garda in the station. If you are in custody in a Garda station and you have any difficulties or requests, you should talk to the member in charge. If you are not happy with the answers you receive, you can ask to speak to a more senior Garda.

 Will there be a record of my time in custody in a Garda station?

The member in charge has to keep a custody record, which should include your personal details, why you have been arrested or detained, and the time of your arrival. The custody record should also include details of anything important that happens to you during your time in the Garda station, for example being given food or visited by a doctor or solicitor.

 Can I speak to a solicitor?

You are entitled to contact a solicitor and the member in charge must tell you of this right. You  should contact a solicitor immediately. If you do not know a solicitor, you should ask the member in charge to nominate or call one for you.

 Can I contact my family?

You are entitled to have a member of your family (or another person of your choice) told that you are being detained, and in which Garda station. This is not necessarily a right to talk to the person. However, you are entitled to a visit from a relative, friend or other person, but only if the member in charge is satisfied that the visit can be supervised and it will not delay the investigation of the crime.

Can I be searched at the Garda station?

You can be searched in the Garda station, but you must be told the reason for the search and the search must be carried out in a respectful way. You should not be searched by a person of the opposite sex (other than a doctor). If the search involves the removal of underclothing, it should be carried out, where possible, by a doctor. A Garda must record details of the search in the custody record.

What if I don’t feel well or I need medication?

If you are ill or injured in any way, you should ask to see a doctor at once. Also, if you have to take medication or if you have a medical or  nervous condition or complaint, you should tell the member in charge immediately.

What if I feel hungry or thirsty?

If you are hungry or thirsty, you should ask for something to eat or drink. You are entitled to be provided with meals. You should get at least two light meals and one main meal in any 24-hour period.

 What about sleep?

You are entitled to reasonable time for rest. But if you take time to rest between midnight and 8am, this can ‘stop the clock’ on the total time for which you may be detained and your period of detention may be extended by up to eight hours.