Arrest or Voluntary Attendance :
You may be contacted by Gardai and asked to voluntarily attend a Garda Station for interview. Alternatively, you may be arrested and detained at a Garda Station. In both scenarios, you are entitled, by law, to consult your Solicitor during your period of detention and to have your Solicitor present during interview.
Importance of legal advice :
It is important to remember that a Garda interview often occurs at an advanced stage in the investigation. Gardai will often have obtained a substantial body of evidence that they wish to put to you during the interview. We have often received instructions from clients who waived their right to legal representation during interview and were subsequently charged with an offence, only to find that the admissions made during interview were in and of themselves, sufficient for Gardai to secure a conviction. A Garda interview, even for relatively minor matters, should never be undertaken in the absence of prior legal advice.
Legal Aid :
The Garda Station Legal Advice Revised Scheme (“GLAS”) is the Statutory scheme which provides legal aid for persons detained in Garda Custody. The test for eligibility is a financial one. If you are unemployed or if your earnings are below €20,316 per annum, you will be entitled to assistance from the GLAS scheme. In order to apply, you simply complete a form with your Solicitor during your detention at the Garda Station. You do not need to apply to the scheme in advance of your detention.
What you should do :
Upon your arrest, you should immediately advise Gardai to contact this office on 042 932 8053 on
our out of hours mobile which we have made available to the above stations. Gardai are not entitled
to commence the interview until you have spoken to us. Do not engage with Gardai, even on an
informal basis, until you have received advice from us.