Treatment in Custody
After you are arrested, you may be taken into custody in a Garda station. There are rules and procedures as to how you must be treated whilst in custody. These rules and procedures are derived from Regulation 8 of the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 and 2006. The member in charge at the Garda station should inform you of these rights and give you a copy of them when your details are being entered in the custody record.
After you have been arrested, you must be informed without delay
- why you have been arrested (i.e., the offence)
- that you are entitled to consult a solicitor and
- that you are entitled to notify another person that you are in custody.
If you are under 18 years of age, you must be informed that your parent or guardian is being informed and requested to attend at the station.
A custody record must be kept in respect of every person in custody. If you are transferred to another Garda station, the member in charge of the station from which you were transferred must send the custody record with you.
Notification to solicitor or other persons
If you are under 18 years of age, the member in charge of the Garda station concerned will, as soon as possible, inform your parent or guardian that you are in custody, why you are in custody and that you have a right to consult a solicitor.
If you are 18 years or over and you have asked for a solicitor or that another person be notified, the member in charge of the station must notify the solicitor or other person as soon as possible. If the solicitor or other person cannot be contacted within a reasonable time or if the solicitor or other person is unable to or unwilling to attend, you must be given an opportunity to ask for another solicitor or another person.
If you are transferred to another station, your solicitor or other nominated person must be notified of the transfer as soon as possible.
Information about where you are being kept in custody must be given to
- any solicitor who enquires if you consent and
- any other person if you consent and the member in charge of the station is satisfied that the information will not hinder or delay the investigation of crime.
Visits and communications
You must be given reasonable access to a solicitor of your choice and be allowed to communicate with him or her privately.
If you have not had access to a solicitor and a solicitor who has not been requested presents himself or herself at the station, you must be given the opportunity to consult with the solicitor if you wish.
A consultation with a solicitor may take place in the sight but out of the hearing of a Garda.
You may receive a visit from a relative, friend or any other person with an interest in your welfare, provided that you wish to see the person. The member in charge of the station must be satisfied that the visit can be adequately supervised and will not hinder or delay the investigation of crime.
You may send a letter or make a telephone call of reasonable duration free of charge to a person if the member in charge is satisfied that it will not hinder or delay the investigation of crime. A Garda may listen to the phone call and may end it and may read any letter and refuse to send it.
Before you have a supervised visit or communicate with a person other than your solicitor, you must be informed that anything you say during the visit or in the communication may be given in evidence.
If you are searched by a Garda, he or she must make sure that you understand the reason for the search and that it is conducted with due respect to you.
You must not be searched by a person (other than a doctor) of the opposite sex.
Where a search of your person involves removal of clothing, other than headgear or outer clothing, there must be no person of the opposite sex present unless that person is a doctor.
However, a person of the opposite sex may be present if the member in charge considers it necessary because of your violent behaviour.
If your clothes or shoes are retained by the Gardai, you must be supplied with replacements of a reasonable standard.
A record must be made of the search stating the name of the person conducting the search, the names of those present and details of any property taken from or handed over by you.
Fingerprints and other samples
Your fingerprints, photographs, saliva, hair and certain other samples can be taken without your consent. Your consent is required before the following samples can be taken and they must be taken by a doctor or dentist as appropriate:
- Blood, urine or pubic hair
- A swab from your genital region or any body opening, other than your mouth
- A dental impression
The consent must be signed and recorded in the custody record.
General conditions of custody
You must be allowed as much time to rest as necessary.
You must be provided with as many meals as are necessary. You must be given at least two light meals and one main meal in any 24-hour period. You may have meals supplied at your own expense where it is practicable for the Garda to arrange this.
You must be provided with access to toilet facilities.
When it is necessary to put you in a cell, you will, as far as possible, be held on your own in the cell. Persons of the opposite sex must not be placed in a cell together. A violent person must not be placed in a cell with another person if this can be avoided.
While you are in a cell, a Garda will visit you approximately every 30 minutes. A drunken person or a person under the influence of drugs will be visited and spoken to and if necessary roused every 15 minutes for a period of 2 hours or longer if his or her condition warrants it.
A Garda will always be accompanied when visiting a person of the opposite sex who is alone in a cell.
If you are under the age of 18 years, you will not be kept in a cell unless there is no other secure accommodation available and, where practicable, you will not be placed in a cell with an adult other than an adult relative.
No Garda can subject you to ill-treatment of any kind or the threat of ill-treatment (whether against you, your family or any other person connected with you) or permit any other person to do so.
No Garda can use force against you unless such reasonable force as is necessary
- in self-defence
- to make sure that you comply with lawful directions
- to prevent your escape or
- to restrain you from injuring yourself or others, damaging property or destroying or interfering with evidence.
If you allege physical ill-treatment, the member in charge of the station will arrange for you to be medically examined. However, if you have made the allegation about another Garda, the member in charge of the station may not order the medical examination if he or she considers the complaint to be frivolous or vexatious.
- are injured
- are under the influence of alcohol or drugs and cannot be roused
- fail to respond normally to questions or conversation (not due to the influence of alcohol alone)
- appear to the member in charge to be suffering from a mental illness or
- otherwise appear to the member in charge to need medical attention,
the member in charge of the station must summon a doctor unless your condition appears to require removal to a hospital.
Medical advice will be sought if you claim to need medication relating to a heart condition, diabetes, epilepsy or other potentially serious condition. It may also be sought if the member in charge of the station considers it necessary because you have such medication in your possession.
If you are removed to a hospital, the removal must be recorded. Any instructions given by a doctor about your medical care and steps taken to comply with the instructions should also be recorded.
If you ask to be examined by a doctor of your choice at your own expense, the member in charge of the station must make the necessary arrangements.
If you are removed to hospital, an immediate relative and any other person required to be notified shall be informed.