– New rates of pay for the participation of a lawyer in a Garda station for the purpose of (a) participation in a formal interview between the Gardaí and the prisoner and/or (b) participation in a formal identification session in which the detainee participates. (c) the start and end times of the lawyer`s consultations with the detainee; When the interrogation is completed, or if there is an interval (or intervals) between the interrogation periods and the time when the lawyer leaves the ward, all departure times must be recorded by the officer in charge of police custody. 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. With a holistic approach, Legal Aid of North Carolina provides free legal aid when people need it most, because everyone deserves a lawyer when their home, health, or livelihood is at stake. 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. NC Legal Aid`s team of lawyers, paralegals, social workers, staff and volunteers are dedicated, hard-working and resourceful. But they can`t do it alone. They need your support to increase their service and support capacity.
The Garda Station`s revised system of legal advice applies to persons detained at a Garda station who are under investigation for certain offences. You must be legally entitled to consult a lawyer and you must not be able to pay for the advice yourself. 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. In addition, legal professionals who elect to represent Plan applicants will only receive compensation in accordance with the provisions of the Plan set out in this document. It is recommended that lawyers ensure as soon as possible that their client and related litigation are covered by the provisions of the system. The Gardaí (Irish police) has the right to question you if you have been arrested, charged and warned in Ireland.
There are different rules that apply to interviews with persons over 18 years of age and persons under 18 years of age. Rules If you are 18 years of age or older, you have the right to consult a lawyer before the interview. If you ask for a lawyer, you cannot be questioned before they arrive, except in exceptional cases. Before you are interviewed, the Garda conducting the interview will identify himself and any other Garda in the room by name and rank. The conversation must be conducted in a fair and humane manner. No more than two Gardai may be questioned at the same time and no more than four Gardai may be in the room at the same time during the interview. If a conversation lasted four hours, it should be terminated or adjourned for a reasonable period of time. As far as possible, interviews take place in interview rooms only.
Except with the permission of Lake Garda, which is responsible for the station, you cannot be questioned about a crime between midnight and 8 a.m. Permission can only be granted in exceptional cases or if you have been taken to the station during this period. If you are deaf or have doubts about your hearing, you cannot be interviewed without an interpreter, if reasonably available, unless you give your written consent. If you have requested an interpreter and it is not reasonably available, all questions will be put to you in writing. If you are drunk or under the influence of drugs, so you cannot assess the importance of the questions you are asked or your answers, you can only be questioned in this state with the permission of the member in charge of the station. If you complain to a Garda during the interview about your treatment while in detention, the Garda must notify and register the broadcaster`s responsible member if they are not present at the interview. Your interview must be recorded either by the Garda who conducted it or by another Garda present. The minutes must contain information on the start and end of the interview, any interruptions, the place of the interview and the names and ranks of the Gardai present. If the interview is not recorded electronically, it will be kept in the Garda notebook.
If you are under 18, you cannot be interviewed unless a parent or guardian is present. You have the right to consult a lawyer before being questioned. If it is not possible to persuade the parent or guardian you asked to interview, the broadcaster`s responsible member should attempt to arrange for your other parent, guardian, adult parent or non-Garda caregiver to participate. The member in charge of the station may give you permission to interview yourself without a parent or guardian present in exceptional circumstances or if it has not been possible to contact or involve a parent or guardian within a reasonable time. The responsible member may exclude your parent or guardian from the survey if: There are three different types of fees to be paid under the program. 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. The second is a fee payable for the time actually spent by the lawyer in the Garda for the specific purpose of either (a) attending a formal interview between the Gardaí and the detainee and/or (b) participating in an official identification session in which the detainee participates. The third type of fee relates to extension hearings attended by the lawyer in the District Court if the Gardaí wishes to extend the time limit for the arrest of suspects under crimes against the State, the Criminal Justice (Drug Trafficking) Act 1996 or the Criminal Justice Act 2007. While Section 2A must include the name of the lawyer who provided legal advice to the detainee, the Section 2B declaration must be completed in its entirety and signed by the head of the law firm. Fees payable under Garda`s revised legal advice programme are paid to individual law firms/practitioners and not to individual corporate lawyers. It should be noted that claims received from the employees` individual lawyers will be returned to the appropriate law firm to be duly completed and resubmitted for payment.
The applicant further agrees that the Legal Aid Committee may request the Ministry of Social Welfare, the Commissioners of Taxation or any other public body that may assist it in verifying the accuracy of the information provided on their resources for any report it deems necessary. Persons detained under sections 16 and 17 of the Criminal Procedure Act 2010 or section 42 of the Criminal Justice Act 1999 may also seek legal advice under this programme as if they were imprisoned under section 4 of the Criminal Justice Act 1984.