The Gazette 1982

april 1982

GAZETTE

arrested, not on suspicion of having committed crimes but on suspicion of having knowledge of crime, and assuming that such persons would of choice be unco-operative with police inquiries, this was the only method of interrogation available to the authorities. On the other hand, in the United States through the Grand Jury, and in continental countries through the Examining Magistrate, a process is available for the judi- cial investigation of crime before any person is charged. I am not advocating either system, but am urging that the current debate should be widened to include possible sys- tems of investigation which will avoid the traps of self- incrimination or ofputting the onus ofproving innocence on an accused person. On the question of bail, would it not be reasonable to require an accused person to furnish security for his good behaviour while on bail? It would certainly be less objec- tionable than refusing bail, as at present proposed.

Correspondence

The Editor,

12-5-'82

Law Society Gazette, Blackhall Place, Dublin 7.

Dear Sir, The current debate on Garda demands for increased rights of arrest, restriction of bail and curtailment of an accused'sright to silence should highlight what I believe to beasignificantdeficiencyinourCriminal Law. I refer to the lack, (in the United Kingdom as well as in this country) of any legal process for the investigation of crime as distinct from the prosecution of offenders. In a recent B. B. C. radio programme, a police representa- tive justified the powers of arrest and detention under the Prevention ofTerrorism Act in the U.K. (in spite ofthe low percentage of those arrested who were later prosecuted) on the grounds that invaluable information was obtained from persons interrogated and against whomno cause forfurther proceedings was found. In other words, persons were being

F. B. Geary, 5 Verona Villas, O'Connell Avenue, Limerick.

Presentation of Leather Bound copy of THE GARDA SIOCHANA GUIDE, 5th edition to Mr Desmond Moran, Solicitor. Mr W. Brendan Allen, President ofthe Law Society (on left)presents a leather bound copy of the Garda Siochana Guide to Mr Desmond Moran, Solicitor and member ofthe Publications Committee, on whose initiation the 5th revised edition ofthe Guide was prepared. Also pictured is Mr Michael V. O'Mahony, Chairman ofthe Publications Committee. 117