Criminal Defence Representation - Vicky Conway & Yvonne Daly
Published: 14 Apr 2023
Format: Paperback
Edition: 1st
Extent: 440
ISBN: 9781526522627
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
Publisher: Bloomsbury Publishing
This book goes behind the closed doors of the garda station, providing a contemporary account of the role of criminal defence lawyers who represent those arrested, detained and questioned therein. It draws on the expert analysis and experience of authors Vicky Conway and Yvonne Daly, who developed and delivered specialist training for police station lawyers across Europe, and in-depth qualitative interviews that they conducted with 44 practising solicitors in Ireland.
This book is a comprehensive guide for criminal defence lawyers offering insights on the breadth and importance of their role and focusing on the skills necessary to effectively fulfil all aspects of that role.
You are led through the entire process from first contact, to deciding to attend, to pre-interview consultation and then the interview itself. Particular attention is paid to enhanced communication skills and to addressing the needs of vulnerable clients. Perennial issues such as pre-interview disclosure and the right to silence are also comprehensively explored.
It is essential reading for practitioners who attend garda stations regularly, those looking to conduct more of that work or those starting out in law, as well as gardaí. For prosecutors, barristers and judges, it provides a great insight into the dynamics of the earliest stages of the criminal justice system. It will also be of interest to policymakers, academics and students in criminal justice, on both a domestic and international level, and those interested in learning more about the operation of the Irish criminal process.
This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Table of Contents
Chapter 1: Introduction
Access to a lawyer in garda detention
The Supralat programme
Context
Methodology
Aim of the Book
Structure
Chapter 2: Lawyering in the Garda Station
Introduction
Motivations
Dislikeable Features
Fears
Practical Issues
Training
Coping
Departures
Conclusion
Chapter 3: Access to Legal Assistance: The Law
Introduction
Traditional Irish View on the Right of Access to Legal Advice
Irish Law Developments
Garda Code of Practice and Law Society Guidance
Oversight of An Garda Síochána
Conclusion
Chapter 4: The Role of the Lawyer
Introduction
Role of the Lawyer
Seven Functions of Lawyers: ADJRESS
Active, Client-Centred Lawyering
The Right to Competent Representation
Conclusion
Chapter 5: Effective Communication in the Garda Station
Introduction
Importance of Good Communication Skills
Communicating Effectively with Clients
Communicating Effectively with gardaí
Professional Core Values
Conclusion
Chapter 6: Clients with Additional Vulnerabilities
Introduction
Existing Regulation
Substance Use and Addiction Issues
Disabilities
Ethnicity
Women in Custody
Sexuality and Gender Identity
Offence Type
Harm Sustained in Custody
Importance of Attendance
Conclusion
Chapter 7: Children as Clients in the Garda Station
Introduction
Children as Suspects
Conclusion
Chapter 8: Attending at the Garda Station
Introduction
Decision to Attend
Presumption of Attendance
Seriousness of the Offence
Client's Specific Needs or Vulnerabilities
Availability to Attend
Disclosure and Unexpected Turns in Interview
Attendance – Client's Choice or Lawyer's Choice?
Importance of Attending the Interview
Conclusion
Chapter 9: First Contact with the Client
Introduction
Selecting a Garda Station Lawyer
Clients Declining Legal Assistance
Garda Station Legal Advice Scheme
The Initial Phone Call
Telephone Conversation with Client
Arrival at the Garda Station
Conclusion
Chapter 10: The Consultation
Introduction
Changing Purpose
The Role of the Lawyer
Aim of the Consultation
Checklist for First Consultation
Privacy
Duration of Consultation
Challenging Clients
Multiple Clients
Conclusion
Chapter 11: The Interview
Introduction
Legal Rules
The Interview Process
The Role of the Lawyer at Interview
Conclusion
Chapter 12: Disclosure and the Right to Silence
Introduction
The Right to Silence
Disclosure
Advising on the Right to Silence
Inferences and Offences Based on Silence
Pre-Inference Interview Disclosure
Advising on Inferences
Conclusion
Chapter 13: Conclusion
Introduction
Lack of Regulation and Future Plans
Availability of Lawyers
Communication Skills and Training
Active, client-centred lawyers ADJRESS their clients' rights
Clients with Additional Vulnerabilities, and Children
Selection of Garda Station Lawyers
Garda Station Legal Advice Scheme
Disclosure and the Right to Silence
Consultations and Interviews
The Role of the Member in Charge
Data and Research
Conclusion
Appendices
Appendix 1: Role of the Lawyer – ADJRESS
Appendix 2: Detention Periods
Appendix 3: Checklists
Appendix 4: Law Society Guidance for Solicitors Providing Legal Services in Garda Stations (reproduced with the permission of the Law Society of Ireland)
Appendix 5: AGS Code of Practice on Access to a Solicitor by Persons in Garda Custody (reproduced with the permission of An Garda Síochána)
Appendix 6: Information for Persons in Custody and Letter of Rights C.72(S) (reproduced with the permission of An Garda Síochána)
Appendix 7: Custody Record C.84 (reproduced with the permission of An Garda Síochána)
Appendix 8: Risk Assessment Form C.84(A) (reproduced with the permission of An Garda Síochána)
Published: 14 Apr 2023
Format: Paperback
Edition: 1st
Extent: 440
ISBN: 9781526522627
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
Publisher: Bloomsbury Publishing
This book goes behind the closed doors of the garda station, providing a contemporary account of the role of criminal defence lawyers who represent those arrested, detained and questioned therein. It draws on the expert analysis and experience of authors Vicky Conway and Yvonne Daly, who developed and delivered specialist training for police station lawyers across Europe, and in-depth qualitative interviews that they conducted with 44 practising solicitors in Ireland.
This book is a comprehensive guide for criminal defence lawyers offering insights on the breadth and importance of their role and focusing on the skills necessary to effectively fulfil all aspects of that role.
You are led through the entire process from first contact, to deciding to attend, to pre-interview consultation and then the interview itself. Particular attention is paid to enhanced communication skills and to addressing the needs of vulnerable clients. Perennial issues such as pre-interview disclosure and the right to silence are also comprehensively explored.
It is essential reading for practitioners who attend garda stations regularly, those looking to conduct more of that work or those starting out in law, as well as gardaí. For prosecutors, barristers and judges, it provides a great insight into the dynamics of the earliest stages of the criminal justice system. It will also be of interest to policymakers, academics and students in criminal justice, on both a domestic and international level, and those interested in learning more about the operation of the Irish criminal process.
This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Table of Contents
Chapter 1: Introduction
Access to a lawyer in garda detention
The Supralat programme
Context
Methodology
Aim of the Book
Structure
Chapter 2: Lawyering in the Garda Station
Introduction
Motivations
Dislikeable Features
Fears
Practical Issues
Training
Coping
Departures
Conclusion
Chapter 3: Access to Legal Assistance: The Law
Introduction
Traditional Irish View on the Right of Access to Legal Advice
Irish Law Developments
Garda Code of Practice and Law Society Guidance
Oversight of An Garda Síochána
Conclusion
Chapter 4: The Role of the Lawyer
Introduction
Role of the Lawyer
Seven Functions of Lawyers: ADJRESS
Active, Client-Centred Lawyering
The Right to Competent Representation
Conclusion
Chapter 5: Effective Communication in the Garda Station
Introduction
Importance of Good Communication Skills
Communicating Effectively with Clients
Communicating Effectively with gardaí
Professional Core Values
Conclusion
Chapter 6: Clients with Additional Vulnerabilities
Introduction
Existing Regulation
Substance Use and Addiction Issues
Disabilities
Ethnicity
Women in Custody
Sexuality and Gender Identity
Offence Type
Harm Sustained in Custody
Importance of Attendance
Conclusion
Chapter 7: Children as Clients in the Garda Station
Introduction
Children as Suspects
Conclusion
Chapter 8: Attending at the Garda Station
Introduction
Decision to Attend
Presumption of Attendance
Seriousness of the Offence
Client's Specific Needs or Vulnerabilities
Availability to Attend
Disclosure and Unexpected Turns in Interview
Attendance – Client's Choice or Lawyer's Choice?
Importance of Attending the Interview
Conclusion
Chapter 9: First Contact with the Client
Introduction
Selecting a Garda Station Lawyer
Clients Declining Legal Assistance
Garda Station Legal Advice Scheme
The Initial Phone Call
Telephone Conversation with Client
Arrival at the Garda Station
Conclusion
Chapter 10: The Consultation
Introduction
Changing Purpose
The Role of the Lawyer
Aim of the Consultation
Checklist for First Consultation
Privacy
Duration of Consultation
Challenging Clients
Multiple Clients
Conclusion
Chapter 11: The Interview
Introduction
Legal Rules
The Interview Process
The Role of the Lawyer at Interview
Conclusion
Chapter 12: Disclosure and the Right to Silence
Introduction
The Right to Silence
Disclosure
Advising on the Right to Silence
Inferences and Offences Based on Silence
Pre-Inference Interview Disclosure
Advising on Inferences
Conclusion
Chapter 13: Conclusion
Introduction
Lack of Regulation and Future Plans
Availability of Lawyers
Communication Skills and Training
Active, client-centred lawyers ADJRESS their clients' rights
Clients with Additional Vulnerabilities, and Children
Selection of Garda Station Lawyers
Garda Station Legal Advice Scheme
Disclosure and the Right to Silence
Consultations and Interviews
The Role of the Member in Charge
Data and Research
Conclusion
Appendices
Appendix 1: Role of the Lawyer – ADJRESS
Appendix 2: Detention Periods
Appendix 3: Checklists
Appendix 4: Law Society Guidance for Solicitors Providing Legal Services in Garda Stations (reproduced with the permission of the Law Society of Ireland)
Appendix 5: AGS Code of Practice on Access to a Solicitor by Persons in Garda Custody (reproduced with the permission of An Garda Síochána)
Appendix 6: Information for Persons in Custody and Letter of Rights C.72(S) (reproduced with the permission of An Garda Síochána)
Appendix 7: Custody Record C.84 (reproduced with the permission of An Garda Síochána)
Appendix 8: Risk Assessment Form C.84(A) (reproduced with the permission of An Garda Síochána)
Published: 14 Apr 2023
Format: Paperback
Edition: 1st
Extent: 440
ISBN: 9781526522627
Imprint: Bloomsbury Professional
Dimensions: 234 x 156 mm
Publisher: Bloomsbury Publishing
This book goes behind the closed doors of the garda station, providing a contemporary account of the role of criminal defence lawyers who represent those arrested, detained and questioned therein. It draws on the expert analysis and experience of authors Vicky Conway and Yvonne Daly, who developed and delivered specialist training for police station lawyers across Europe, and in-depth qualitative interviews that they conducted with 44 practising solicitors in Ireland.
This book is a comprehensive guide for criminal defence lawyers offering insights on the breadth and importance of their role and focusing on the skills necessary to effectively fulfil all aspects of that role.
You are led through the entire process from first contact, to deciding to attend, to pre-interview consultation and then the interview itself. Particular attention is paid to enhanced communication skills and to addressing the needs of vulnerable clients. Perennial issues such as pre-interview disclosure and the right to silence are also comprehensively explored.
It is essential reading for practitioners who attend garda stations regularly, those looking to conduct more of that work or those starting out in law, as well as gardaí. For prosecutors, barristers and judges, it provides a great insight into the dynamics of the earliest stages of the criminal justice system. It will also be of interest to policymakers, academics and students in criminal justice, on both a domestic and international level, and those interested in learning more about the operation of the Irish criminal process.
This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Table of Contents
Chapter 1: Introduction
Access to a lawyer in garda detention
The Supralat programme
Context
Methodology
Aim of the Book
Structure
Chapter 2: Lawyering in the Garda Station
Introduction
Motivations
Dislikeable Features
Fears
Practical Issues
Training
Coping
Departures
Conclusion
Chapter 3: Access to Legal Assistance: The Law
Introduction
Traditional Irish View on the Right of Access to Legal Advice
Irish Law Developments
Garda Code of Practice and Law Society Guidance
Oversight of An Garda Síochána
Conclusion
Chapter 4: The Role of the Lawyer
Introduction
Role of the Lawyer
Seven Functions of Lawyers: ADJRESS
Active, Client-Centred Lawyering
The Right to Competent Representation
Conclusion
Chapter 5: Effective Communication in the Garda Station
Introduction
Importance of Good Communication Skills
Communicating Effectively with Clients
Communicating Effectively with gardaí
Professional Core Values
Conclusion
Chapter 6: Clients with Additional Vulnerabilities
Introduction
Existing Regulation
Substance Use and Addiction Issues
Disabilities
Ethnicity
Women in Custody
Sexuality and Gender Identity
Offence Type
Harm Sustained in Custody
Importance of Attendance
Conclusion
Chapter 7: Children as Clients in the Garda Station
Introduction
Children as Suspects
Conclusion
Chapter 8: Attending at the Garda Station
Introduction
Decision to Attend
Presumption of Attendance
Seriousness of the Offence
Client's Specific Needs or Vulnerabilities
Availability to Attend
Disclosure and Unexpected Turns in Interview
Attendance – Client's Choice or Lawyer's Choice?
Importance of Attending the Interview
Conclusion
Chapter 9: First Contact with the Client
Introduction
Selecting a Garda Station Lawyer
Clients Declining Legal Assistance
Garda Station Legal Advice Scheme
The Initial Phone Call
Telephone Conversation with Client
Arrival at the Garda Station
Conclusion
Chapter 10: The Consultation
Introduction
Changing Purpose
The Role of the Lawyer
Aim of the Consultation
Checklist for First Consultation
Privacy
Duration of Consultation
Challenging Clients
Multiple Clients
Conclusion
Chapter 11: The Interview
Introduction
Legal Rules
The Interview Process
The Role of the Lawyer at Interview
Conclusion
Chapter 12: Disclosure and the Right to Silence
Introduction
The Right to Silence
Disclosure
Advising on the Right to Silence
Inferences and Offences Based on Silence
Pre-Inference Interview Disclosure
Advising on Inferences
Conclusion
Chapter 13: Conclusion
Introduction
Lack of Regulation and Future Plans
Availability of Lawyers
Communication Skills and Training
Active, client-centred lawyers ADJRESS their clients' rights
Clients with Additional Vulnerabilities, and Children
Selection of Garda Station Lawyers
Garda Station Legal Advice Scheme
Disclosure and the Right to Silence
Consultations and Interviews
The Role of the Member in Charge
Data and Research
Conclusion
Appendices
Appendix 1: Role of the Lawyer – ADJRESS
Appendix 2: Detention Periods
Appendix 3: Checklists
Appendix 4: Law Society Guidance for Solicitors Providing Legal Services in Garda Stations (reproduced with the permission of the Law Society of Ireland)
Appendix 5: AGS Code of Practice on Access to a Solicitor by Persons in Garda Custody (reproduced with the permission of An Garda Síochána)
Appendix 6: Information for Persons in Custody and Letter of Rights C.72(S) (reproduced with the permission of An Garda Síochána)
Appendix 7: Custody Record C.84 (reproduced with the permission of An Garda Síochána)
Appendix 8: Risk Assessment Form C.84(A) (reproduced with the permission of An Garda Síochána)