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Criminal Defence Representation at Garda Stations: A Lawyer's Practical Guide

Criminal Defence Representation at Garda Stations: A Lawyer's Practical Guide

  • 作者:
  • 出版商: Bloomsbury Professional (formerly Tottel Publishing)
  • ISBN: 9781526522627
  • 出版时间 April 2023
  • 规格: Paperback
  • 适应领域: Ireland ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥1,588.60

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  • 描述 
  • 大纲 
  • 详细

    A comprehensive guide to the work and practice of solicitors defending suspects in Garda stations in Ireland. Drawing on research and both national and international law, it explores what the role of the solicitor is in the Garda station, and what role the interview plays in the criminal justice process. It reflects on what the law is, contextualises the law, provides practical guidance on criminal defence at the Garda station and provides examples of how difficulties are overcome.

    The book takes an interdisciplinary approach, providing the most comprehensive analysis of the criminal defence process in the Garda station. It outlines the skills necessary to defend suspects in Garda stations, which differs so greatly from court, and takes the practitioner through the entire process from first contact, to deciding to attend to pre-interview consultation. With a focus on dealing with the specific needs of more vulnerable clients before looking at the interview itself, particular attention is paid to the thorny issues of disclosure and the right to silence, before considering some of the more practical dimensions of acting in criminal defence work.

    The book is required reading for all criminal defence practitioners, prosecutors, defence barristers and those working in this area. Dr Vicky Conway and Professor Yvonne Daly have provided specialist training in this area to solicitors and Gardai in Ireland through the SUPRALAT training programme and it draws on much of that training for suspect interviews. The SUPRALAT project, funded by the European Union, developed training for criminal defence practitioners on attending police stations. It focuses on advancing the skillset needed for consulting with clients, attending interviews and related work with the concept of active criminal defence at its core. Professor Ed Cape of the University of Bristol, author of Defending Suspects in Police Stations, said: 'The SUPRALAT training programme is the best training for police-station lawyers that I have seen anywhere in the world.'

    Beyond practitioners, this book will also be of interest to policy makers, academics and students in the criminal justice space, both domestically and internationally. Not only is increasing attention being paid across Europe to the practice of criminal defence work (the original SUPRALAT training has been built upon by the NEPRALAT network) but there is also increased attention being paid in socio-legal work to the practice of criminal defence representation. With a range of European Directives in this area focused on suspects rights, this work is also hugely relevant in the human rights field.

  • Chapter 1: Introduction

    Chapter 2: The Law
    Right of Access
    Treatment in Custody

    Chapter 3: Attending the station
    Role of the police
    Role of the lawyer
    Active lawyering
    Practical organisation
    Legal Aid
    Mapping the existing criminal defence practice
    Low numbers attending
    Sole v firms
    On call
    Time constraints
    Frequency

    Chapter 4: Station Skills
    The Skills Needed
    - communication
    - rapport building
    - open closed questions
    - adjusting language
    - assessing understanding
    - conflict resolution
    - professional values
    - reflection

    Chapter 5: The Process
    First contact
    Garda list
    Competition
    Decision to attend
    Relevant Factors
    Importance of Attendance
    Clients
    Arrival
    Member in Charge
    Disclosure

    Chapter 6:The Consultation
    Changing purpose
    Strategy
    What they do
    Privacy
    Challenges
    Phone based
    Difficult clients
    Voluntary consultations

    Chapter 7: Vulnerable Clients
    Risk Assessment
    Young
    Appropriate Adults
    Language Barrier
    Interpreters
    Substance use
    Doctors
    Mental Health
    Other Vulnerabilities

    Chapter 8: The Interview
    Decision to attend
    The importance of attending and representation
    Difficult and vulnerable clients
    No Comment
    Interventions
    When and How
    The impact
    Power dynamics
    Threat of ejection
    No judge
    GSIM
    Practicalities
    Note-taking
    Seating
    Laptops and Phone
    Trainees
    The Code
    Dynamic with Clients and Gardaí
    First Interview
    Voluntary interviews

    Chapter 9: Disclosure

    Chapter 10: Right to silence

    Chapter 11: Lawyering in the Police Station
    Garda Space (including powerlessness and visibility)
    Stress, Fear and Pressure
    Safety
    Facilities
    Legal Aid
    Time wasting
    Status and Respect
    Impact on Life
    Coping
    Colleagues
    Support
    Reflecting
    Impact on Work
    Departures from the profession

    Chapter 12: Analysis
    How do lawyers feel about the work?
    Negatives
    Positives
    Fears
    Powerlessness
    Their role
    Active lawyering
    What's working / What's not
    Consistency
    Clarity
    Low numbers attending
    Changes in the Criminal Justice System
    Lack of garda accountability

    Chapter 13: Conclusion
    Research and reform needed

    Appendix
    Methodology
    Treatment in Custody Regulations
    Directives

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