The Gazette 1994

GAZETTE

MAY 1994

N E W S

Cr imi nal Law Commi t t ee - Cur rent Issues

Michael Staines, Chairman of the Law Society Criminal Law Committee, reports on recent developments.

quarter of what they would obtain if costs were granted to them against the State in any trial. We will be commencing negotiations with the Department in relation to Circuit Court trials in the near future.

Visits to Production Prisoners

Police Station Visits

A long standing difficulty in relation to solicitors visiting production prisoners (as opposed to prisoners detained by the Gardai under S.4 Criminal Justice Act, 1984, or S.30 Offences Against the State Act, 1939, or on arrest) in the Bridewell Garda Station in Dublin has now been resolved. The Criminal Law Committee has negotiated with the Garda authorities over the last few months and now a set of procedures have been agreed to govern such visits. Bridewell Garda Station, Dublin, or can be obtained from Patricia Casey, Solicitor, Secretary of the Criminal Law Committee, at the Law Society. The Garda authorities have built three new interview rooms for the purpose of allowing solicitors consult with their clients. If there are any difficulties the solicitor can approach the Inspector in the Bridewell Garda Station who will always be available to resolve any problem. The Committee would like to thank Superintendent Joyce for his co- operation. If solicitors experience any further problems they should communicate with the Committee. Details of these procedures are available for inspection at the The Committee was pleased to note that these guidelines, which were published in a recent issue of the Gazette, (Vol. 88 no. 1, p.31) obtained general acceptance amongst practitioners. One group of practitioners, however, has written to the Committee querying some of these guidelines and there will be a Guidelines for Professional Conduct

Another compliant of the Criminal Law Committee is that practitioners are not paid under the Legal Aid Scheme for visiting prisoners in Garda stations. This is despite the fact that prisoners have a constitutional right to access to legal advice. Furthermore, a certain aspects of the investigation of a crime cannot proceed in the absence of a solicitor attending at the Garda station, for instance, if a client requests that a solicitor attends at an identification parade, a parade should not take place unless a solicitor attends. Our colleagues in the UK are amazed when they learn that we attend stations at all times of the day and night, at great inconvenience to ourselves, without the hope of any payment. We have already discussed this matter with the Department of Justice and again it is not prepared to sanction such a payment. This will be another subject on the agenda in our negotiations with the Department. Dublin practitioners will be pleased to note that they can now claim for their attendance in court when one of their clients is brought in on a warrant and legal aid had already been assigned on that sheet. This is a new departure and we would like to thank Noel McNaboe, District Court Legal Aid Office and his staff, for their co-operation in this matter. District Court Claims

Michael Staines, Chairman,

Criminal

Law Committee

Legal Aid Fees As practitioners are aware, the

Committee has been negotiating with the Department of Justice in relation to obtaining a special fee for exceptional cases. The Department has agreed to set up such a scheme but unfortunately, despite intensive negotiations, such a scheme has not yet been put into operation. The Committee is taking a serious view of this failure of the Department to comply with its undertaking to set up such a scheme and there can be little doubt that, unless such a scheme is set up in the near future, stronger action will have to be taken by practitioners. In any event the Committee is insistent that any such scheme will be backdated to cover all exceptional cases dealt with since the conclusion of the strike. Criminal law practitioners are extremely disappointed at the level of fees paid by the Department of Justice for Circuit Court trials. In the course of the earlier negotiations the Department flatly refused to increase such fee and also refused to break the link between solicitors and barristers. At present solicitors acting under the Legal Aid Scheme are paid approximately one

Visits to Prisons

meeting between any interested solicitors and the Committee on Friday 3 June 1994 at 5.30pm at Blackhall Place.

The Committee wishes to inform practitioners of the system now operating in Mountjoy Prison in

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