Do I have the right to see a solicitor?

You have the right to consult with a solicitor. You should be told of this right when you arrive at the Garda station. The member in charge should let your solicitor know as soon as possible that you are in the Garda station.

 Can my solicitor sit in with me while I am being questioned?

No. You do not have the right to have your solicitor with you while you are being questioned. You have the right to speak to your solicitor privately when your solicitor arrives in the Garda station. If something happens during questioning and you think you need legal advice, you should ask that the interview be stopped so that you can take advice from your solicitor.

What if I can’t afford a solicitor?

If you can’t afford a solicitor, there is a scheme that will pay for a solicitor’s visit to the Garda station. If you earn less than a certain amount, you can get this legal advice for free.

 How will the interview be conducted?

All interviews must be fair. Only two Gardaí may interview you at any time and there should be no more than four Gardaí in the room at any time. During the interview, the Gardaí may take different approaches to try to get you to answer questions.

 How long can I be interviewed for at any one time?

You can only be interviewed for a maximum of four hours at any one time.

 Do I have to answer questions?

Generally, you can choose to remain silent. But if you choose to remain silent, this may sometimes be used as evidence against you later in court. The answer to the next question explains this in more detail.

 What if I refuse to answer a question?

If you refuse to answer certain questions (see examples below), a judge or jury may draw an inference from this. They may then use this inference to corroborate other relevant evidence against you. In other words, the judge or jury may consider that your failure or refusal to answer a question supports other evidence of your guilt that has been given to the court.

A refusal to answer may arise in the following examples:

• If you are silent when a Garda asks you to

explain:

— why an object, substance or mark was on your person, clothing, footwear, in your possession or in a place in which you were present; or

— why you were at a particular place.

• If you don’t mention something that you use as your defence later in court.

• If you are being investigated for membership of an unlawful organisation or for an offence of organised crime and you refuse to answer certain questions.

 In all of these situations, the Gardaí must tell you what could happen if you don’t answer the questions.

 The law in relation to this area is complicated and it is advisable to speak to your solicitor before deciding whether or not to answer questions.

 Will the Gardaí record my interview?

The Gardaí will record your interview in writing and should read it back to you at the end of the interview so that you can correct any mistakes. The Gardaí should also record your interview on videotape, although they do not have to do this if it’s not practical. You do not have a right to a copy of the videotape unless you are prosecuted. Even then, you will only be entitled to a copy if a court makes an order.

 If I give a statement and a Garda writes it out for me, should I sign it?

Once you have signed a statement, it can be used as evidence against you. It is advisable to talk with a solicitor before signing any statement.

What happens if I refuse to sign a statement prepared by a Garda?

You do not have to sign anything that you are not comfortable with. You can ask to talk to your solicitor before signing any statement.

 What if I am asked to take part in an identification parade?

You do not have to take part in an identification parade. But if you refuse, it is possible that the Gardaí will hold an informal identification which does not have as many safeguards. If you are charged with an offence, your refusal might be used against you at trial. It is advisable to speak to your solicitor before taking part in an identification parade.

 What happens if I am part of an identification parade?

 Before an identification parade, the Gardaí should tell you that you have the right to refuse to take part and that you have the right to have a solicitor present. There should be at least eight other people of similar age, height, appearance and dress as yourself in the parade. You or your solicitor can object to the participation of any of the people in the parade and the Gardaí should note your objection. Sometimes, there will be no glass window separating you and the person making the identification. The Gardaí should keep a record of all the other people in the parade and their appearance.

Do I have the right to see a solicitor?

You have the right to consult with a solicitor. You should be told of this right when you arrive at the Garda station. The member in charge should let your solicitor know as soon as possible that you are in the Garda station.

 Can my solicitor sit in with me while I am being questioned?

No. You do not have the right to have your solicitor with you while you are being questioned. You have the right to speak to your solicitor privately when your solicitor arrives in the Garda station. If something happens during questioning and you think you need legal advice, you should ask that the interview be stopped so that you can take advice from your solicitor.

What if I can’t afford a solicitor?

If you can’t afford a solicitor, there is a scheme that will pay for a solicitor’s visit to the Garda station. If you earn less than a certain amount, you can get this legal advice for free.

 How will the interview be conducted?

All interviews must be fair. Only two Gardaí may interview you at any time and there should be no more than four Gardaí in the room at any time. During the interview, the Gardaí may take different approaches to try to get you to answer questions.

 How long can I be interviewed for at any one time?

You can only be interviewed for a maximum of four hours at any one time.

 Do I have to answer questions?

Generally, you can choose to remain silent. But if you choose to remain silent, this may sometimes be used as evidence against you later in court. The answer to the next question explains this in more detail.

 What if I refuse to answer a question?

If you refuse to answer certain questions (see examples below), a judge or jury may draw an inference from this. They may then use this inference to corroborate other relevant evidence against you. In other words, the judge or jury may consider that your failure or refusal to answer a question supports other evidence of your guilt that has been given to the court.

A refusal to answer may arise in the following examples:

• If you are silent when a Garda asks you to

explain:

— why an object, substance or mark was on your person, clothing, footwear, in your possession or in a place in which you were present; or

— why you were at a particular place.

• If you don’t mention something that you use as your defence later in court.

• If you are being investigated for membership of an unlawful organisation or for an offence of organised crime and you refuse to answer certain questions.

 In all of these situations, the Gardaí must tell you what could happen if you don’t answer the questions.

 The law in relation to this area is complicated and it is advisable to speak to your solicitor before deciding whether or not to answer questions.

 Will the Gardaí record my interview?

The Gardaí will record your interview in writing and should read it back to you at the end of the interview so that you can correct any mistakes. The Gardaí should also record your interview on videotape, although they do not have to do this if it’s not practical. You do not have a right to a copy of the videotape unless you are prosecuted. Even then, you will only be entitled to a copy if a court makes an order.

 If I give a statement and a Garda writes it out for me, should I sign it?

Once you have signed a statement, it can be used as evidence against you. It is advisable to talk with a solicitor before signing any statement.

What happens if I refuse to sign a statement prepared by a Garda?

You do not have to sign anything that you are not comfortable with. You can ask to talk to your solicitor before signing any statement.

 What if I am asked to take part in an identification parade?

You do not have to take part in an identification parade. But if you refuse, it is possible that the Gardaí will hold an informal identification which does not have as many safeguards. If you are charged with an offence, your refusal might be used against you at trial. It is advisable to speak to your solicitor before taking part in an identification parade.

 What happens if I am part of an identification parade?

 Before an identification parade, the Gardaí should tell you that you have the right to refuse to take part and that you have the right to have a solicitor present. There should be at least eight other people of similar age, height, appearance and dress as yourself in the parade. You or your solicitor can object to the participation of any of the people in the parade and the Gardaí should note your objection. Sometimes, there will be no glass window separating you and the person making the identification. The Gardaí should keep a record of all the other people in the parade and their appearance.