The investigation of crime is a core function of An Garda Siochana.
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 Gardai must work to solve crime and prosecute
those responsible before the courts. The interview training method
available to Gardai and efforts by successive governments to
rebalance the criminal justice system are all explored.
General
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