Law and practice of some of the key functions of policing in Ireland
Arrest, Detention and Questioning: Law and Practice
Author: Kevin Sweeney | ISBN: 978-1-911611-16-5 | Format: Paperback | Price: €90 | Publishing: 12 February 2019
Arrest, Detention and Questioning: Law and Practice examines the law and practice of some of the key functions of policing in Ireland in relation to Garda investigations and a person’s rights in custody.
The investigation of crime is a core function of An Garda Síochana. As a result, the arrest, detention and questioning of criminal suspects is a routine process in Garda investigations. The legal architecture that permits such questioning is a combination of relatively new legislation and regulations overlaid on other rules and procedures that are sometimes ancient in origin. Consequently, there can be inherent contradictions that appear throughout the system and elements of the process can often appear overly complex even to practitioners. People outside the legal profession can oftentimes find the procedures involved bewildering.
Arrest, Detention and Questioning: Law and Practice examines the legislation, rules and regulations that protect the rights of a suspect in custody for interrogation. These include the detention provisions themselves, the custody regulations, audio-visual recording and the role of solicitors in the process. It is within this framework that Gardaí must work to solve crime and prosecute those responsible before the courts. The interview training method available to Gardaí and efforts by successive governments to rebalance the criminal justice system are all explored.
CHAPTER 1: INTRODUCTION
CHAPTER 2: POWER OF ARREST
- Grounds for Arrest
- Suspicion as the Basis of Arrest
CHAPTER 3: FORMALITIES OF ARREST
- Communication of Reason or Grounds
- Use of Force
- Location of Arrest
CHAPTER 4: DETENTION PROVISIONS
- The Introduction of Routine Detention
- Section 4 Detention
- Criminal Justice (Drug Trafficking) Act 1996
- Criminal Justice Act 2007
- Offences against the State
- Exclusion of Time
CHAPTER 5: GATHERING EVIDENCE
- Exclusion of Evidence: The ‘Exclusionary Rule’
- Search Before Arrest
- Search of Persons on Arrest
- Search of Persons After Arrest
- Identification Parades
- Voluntary Attendance to Assist Investigation
- Preservation of Evidence
CHAPTER 6: REGULATIONS TO PROTECT PRISONERS
- Arrested Persons and Custody Regulations
- Custody Regulations and Questioning
- Audio-Visual Recording of Questioning
- Questioning Vulnerable Suspects
- Compliance With Regulations
CHAPTER 7: SOLICITORS AND LEGAL ADVICE
- Access to Legal Advice
- Role of Solicitor
- The Interview
- Denying the Suspect Legal Advice
CHAPTER 8: THE JUDGES’ RULES
- The English Criminal Law
- The Judges’ Rules
- Application of the Judges’ Rules
CHAPTER 9: OTHER PROTECTIONS
- Fairness of Procedure
CHAPTER 10: ADVERSE INFERENCES AND SILENCE
- Use of Silence
- Adverse Inferences
- General Requirements to Use of 2007 Inferences
- Section 2 of the Offences against the State (Amendment) Act 1998
- Gangland Crime Inferences In Criminal Justice Act 2006
About the Author
Dr Kevin Sweeney served his career in An Garda Siochana before retiring in 2017, having worked primarily in detective branch including anti-terrorism. In 2017 he also received his doctorate from the University of Limerick.
Who Should Buy This Book?
Arrest, Detention and Questioning: Law and Practice will benefit legal practitioners involved in advising clients in Garda stations, members of An Garda Síochana, and persons interested in the detailed functioning of this aspect of the Irish criminal justice system and how it has evolved.
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