CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN IRELAND

Transcription

1 CRIMINAL PROCEEDING AND DEFENCE RIGHTS IN IRELAND Fair Trials is a non-governmental organisation that works for the right to a fair trial according to internationally-recognised standards of justice. This factsheet covers: - Definitions of key legal terms; - Information about criminal proceedings and defence rights in Ireland; and - Useful Links We have prepared this factsheet with the assistance of local criminal lawyers, who tried to describe how things happen in reality. Even within one country, however, practice can vary greatly from one place to another your own experience could differ from the descriptions below. This document does not constitute legal advice and only provides general information. If you need advice in relation to your specific case, or if you are concerned about a possible violation of your rights, you should discuss this with your local lawyer. If you think an important question is not covered by this note, please let us know by filling out the sheet attached at the end. We would also appreciate it if you could also take a few moments to give us some feedback about this note. Your comments will help us to improve our services. Fair Trials comprises Fair Trials International and Fair Trials Europe. Fair Trials International is a registered charity (no ) and in 2010 was incorporated with limited liability in England Wales (no ). Fair Trials Europe is a registered public foundation in Belgium (registered number ). We were initially founded in 1992 with the name Fair Trials Abroad. IMPORTANT This leaflet was last updated in March The information contained in this document is provided for information purposes only and is not intended as legal advice, nor does it constitute legal advice. Whilst we endeavour to keep the information up to date and correct, Fair Trials makes no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or applicability to individual cases of the information contained in this leaflet. Any reliance you place on such material is therefore strictly at your own risk. Fair Trials disclaims any liability to the fullest extent permissible by law for any loss or damage of any kind arising from the use of the information provided. You should always seek professional legal advice from a lawyer qualified to practice in the jurisdiction you are in. DEFINITIONS OF KEY LEGAL TERMS Appeal: An opportunity to dispute a decision made at trial (either on guilt or on sentence) by asking a higher court to review it. This can result in the decision being overturned or changed. Bail: The temporary release from garda custody of a person accused of a crime and awaiting trial. Barrister: Barristers are lawyers who represent clients in the higher courts and plead their case. Bar Association: An organisation whose role is to represent lawyers and help people in their dealings with lawyers. Charge: A written statement accusing a person of carrying out an offence. Circuit Court (an Chúirt Chuarda): A court that hears more serious civil and criminal matters. You can appeal the outcome of a case heard in the Circuit Court to the High Court. Consulate: The section of the embassy whose task is to assist its citizens. Court of Appeal (an Chúirt Achomhairc): A court that is competent to hear criminal appeals (i.e. challenges) made to decisions of the Circuit Court and High Court. 1

2 District Court (an Chúirt Dúiche): A Court which initially hears minor civil and criminal matters. You can appeal the outcome of a case heard in the District Court to the Circuit Court. Embassy: The office of a government official who resides in a foreign country and represents his/her government s interests. European Court of Human Rights: The Court is based in Strasbourg, France, and hears human rights cases against the 47 countries which make up the Council of Europe (which is different from the European Union). Garda: The police in Ireland are referred to as Garda. Judge: A person with authority to hear and decide on cases in a court of law. Jury: A body of people required to give a verdict in a legal case on the basis of evidence submitted to them in court. Judgment: A decision on a case provided by a judge or jury in a court of law. Lawyer: A person whose profession is to give legal advice and assistance to clients and represent them in court or in other legal matters. In Ireland, lawyers can be either solicitors or barristers. Legal Aid: Financial assistance provided to a person who needs a lawyer and who cannot afford to pay for one. Plea Bargain: A procedure which allows the defendant to plead guilty in exchange for a less severe sentence. Pre-trial Detention: Detention in Garda custody or in prison during the investigations (and often during the trial itself as well), which happens before the decision on guilt or innocence is made by the court. Public Prosecutor: A barrister who conducts a case against a person who is accused of a crime. Remand: The act of sending a person accused of a crime into Garda custody. Sentence: The punishment assigned to a person convicted of a crime as fixed by a court of law. Solicitor: A lawyer who is qualified to represent clients in certain lower courts and who prepares cases for barristers to present in higher courts. Special Criminal Court (An Chúirt Choiriúil Speisialta): A court which hears serious criminal cases or criminal cases which the lower courts are inadequate to address. There is no jury in the Special Criminal Court. Summary Trial: A trial whereby the defendant has been charged with a minor offence (i.e. an offence to do with traffic, drugs or criminal damage) will be decided by a judge sitting without a jury in the District Court. Warrant: A document issued by a legal or government official authorising the Garda to make an arrest, search premises, or carry out some other action relating to the administration of justice. INFORMATION ON CRIMINAL PROCEEDINGS AND DEFENCE RIGHTS IN IRELAND Q1. WHERE DO THE LAWS OF IRELAND APPLY? The laws of Ireland ( Irish law ) only apply in the Republic of Ireland. Irish law does not cover Northern Ireland, which is governed by the United Kingdom, and has a legal system that is different from the rest of the island. Q2. WHAT ARE MY RIGHTS UPON ARREST? The Garda must have good reasons for believing your detention is necessary to investigate the offence. The length of time they can keep you at the station will depend on the case they are investigating. As a general rule, the Garda cannot legally detain you for more than 24 hours without charging you (i.e. without formally informing you of the allegations against you), but in some cases, your detention could be extended to 72 hours. There are also circumstances in which you could be held in police custody for up to 7 days, with the approval of the judge within the first 48 hours of the arrest. This could happen if the judge is satisfied that the Garda are conducting their investigation thoroughly and quickly, and further detention is necessary to secure or preserve evidence relating to your alleged crime, or to obtain such evidence by questioning you. 2

3 If the Garda no longer have any grounds for believing that your detention is necessary to properly investigate the offence or your detention period has expired, then you must either be charged with an offence, or released from custody. Right to information: (i) Will the police inform me of my rights? Will this be done orally or in writing? Yes, a garda (police officer) should inform you of your rights. You should be told why you have been arrested. There is an obligation on the arresting officer to inform you of your general right to remain silent during questioning. This is done by way of a caution. The caution will state You are not obliged to say anything unless you wish to do so but anything you say may be taken down in writing and may be used in evidence. The warning will be made orally and will be made once you have been charged. Finally, you should be given a written notice of your rights and entitlements in a language you can understand. (ii) Do I have the right to be informed of the allegations/charges against me? Yes, you do have a right to be informed of the allegations/charges against you, on arrest or as soon as possible afterwards. The right to inform people: (i) Do I have a right to have the consulate informed of the arrest? Yes. If you are not an Irish Citizen, you can have your embassy or consulate informed of your arrest. (ii) Do I have a right to inform my family of the arrest? Yes. At the Garda station, you have the right to have a relative informed of the fact that you are detained. You do not necessarily have the right to speak to the relative directly. (c) Do I have a right to a lawyer? Yes, you have a right to a solicitor (lawyer). Asking to see a solicitor does not mean that you have done anything wrong, so you should not hesitate to ask for one. At the Garda station, you have the right to speak to a solicitor in private. If you know a solicitor, you are allowed to ask for him/her to come in person. If you do not know a solicitor, then the officer in charge will help you find one from a list kept at the Garda station. You may be entitled to have your solicitor s advice paid for under the Free Legal Aid system if you cannot pay for a lawyer privately. You should be given reasonable time to discuss the allegations against you with your solicitor in private and the Garda cannot question you until you have taken legal advice. Your lawyer can be present throughout the interview process. (d) Do I have a right to a translator/interpreter? Yes, you have a right to a translator/interpreter. If you have difficulty understanding English or Irish, and the interviewing officer cannot speak your language, you have the right to be provided with an interpreter. You or your legal adviser should insist that the interpreter who interprets any private consultation between you and your solicitor is not the same interpreter who interprets your question and answer session with the Garda. An interpreter should be available at all times where either a solicitor or garda wishes to communicate with you. (e) Do I have to talk to the police or can I remain silent during police interrogation? Will it work against me if I am silent? The decision whether or not to speak to the Garda is very important and can have serious consequences on the outcome of your case, so you should always seek legal advice before deciding what to do in an interview. 3

4 After your arrest, and then at the Garda station, you have the right to remain silent. In other words, you do not have to answer any questions. The right to silence is not an absolute right, although in in most cases this right does apply. Depending on the circumstances of your arrest, and the available evidence however, your right to silence could be curtailed in certain cases. Q3. WHEN WILL I KNOW ABOUT THE CASE AGAINST ME? You have a right to be informed of the allegations/charges against you, on arrest or as soon as possible afterwards. Once you have been interviewed by the Garda at the Garda station and after a certain amount of time has passed (see below), you have to be either charged or released pending further Garda investigations. This is the point when the prosecution decides whether to charge you with a criminal offence and commence a criminal court case against you. They make their decision by asking if there is a realistic prospect of conviction. When you are brought to the Garda station, details of the offence must be set out in a charge sheet, a copy of which must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. When you attend court for the first time, you or your solicitor must be given information about the case against you. However, access to your case file may be restricted if the file contains information that is covered by Public Interest Privilege. This is information that the prosecution believe should not be disclosed as it would not be in the public interest to do so (e.g. because making the information public could put people in danger). It is very rare that access to your case is restricted on this basis, and this tends to happen only at the Special Criminal Court. Q4. HOW DO I FIND A LAWYER? WHAT IS THE ROLE OF MY LAWYER? How do I find a lawyer? For assistance finding a lawyer ( solicitor ), you can contact the Law Society of Ireland. Please refer to our useful links section for their contact details. In Ireland, if you have been arrested and taken to the Garda station, you should be advised of your right to free legal advice. If you exercise your right and ask to see a solicitor, the Garda will have a list of solicitors who will be prepared to come and see you urgently to advise you, unless you have your own solicitor. Their list will consist of people who are known to be available to visit Garda stations on a 24 hour basis. I cannot afford to pay for a private lawyer, what should I do? (Is there legal aid? How should I apply? What are the criteria to be eligible? What is covered by legal aid?) You do not have an automatic right to free legal advice at the Garda station. This depends on your financial circumstances. If you are detained at the Garda station for questioning about an offence, and you are either not working, or you are earning a low wage, you will probably be entitled to the services of a solicitor free of charge under the Legal Advice Scheme. You have to sign a form for your solicitor, which includes a declaration that you earn under the permitted limit 20,316 (approximately 15,600 Pounds Sterling, or 23,600 US Dollars, as of January 2015) per month, or are in receipt of social welfare payments. There is no other paperwork. If you are charged, and you plead not guilty, your case proceeds to trial. Whether or not you are entitled to criminal legal aid depends on whether it is in the interests of justice that you are legally represented and whether you are financially eligible for public funding. In assessing the seriousness of the case, the judge considers the possibility of you receiving a prison sentence or large fine if convicted. Minor offences such as driving offences (e.g. drink driving) are not usually eligible for criminal legal aid. If the offence is not a serious one, the judge may grant legal aid in exceptional circumstances, such as the following: If you are very ill If you lack any formal education; or If you are emotionally disturbed or lack the mental capacity to understand the process of the court case. 4

5 Please note: In order to apply for legal aid, you need to obtain the relevant forms from the court dealing with your case. These should be returned to the court and the court will decide whether to grant criminal legal aid. Your solicitor can help you get the necessary forms and to complete them. (c) What is the role of my lawyer? Will s/he investigate the case? Your solicitor s role is to provide you with legal advice and make sure your legal rights are observed throughout your criminal proceedings. If your case goes to trial, your solicitor should help prepare your defence. This will include talking to you, taking your instructions, gathering and assessing the evidence against you and, sometimes, instructing a barrister to present your case in court. A barrister is a lawyer who specialises in advocacy (i.e. fighting your case in court) and will appear in court on your behalf. Your barrister will work with your solicitor, but is also active in preparing your defence and providing advice. (d) I am unhappy with my lawyer: How can I change lawyer? How can I complain about my lawyer? A good first step is to speak to your solicitor about your concerns. If that does not resolve the issue you can complain about your solicitor and seek to have another one appointed (see below about how). In legal aid cases, you need to tell the court that you want to change solicitor. This is not an automatic right and can be denied by the court. You need to send a letter of complaint to your solicitor or the law firm/chambers where s/he works first. If that does not resolve the issue, you can complain to the Complaints and Client Relations Section of the Law Society of Ireland. They handle complaints regarding lawyers in Ireland. Q5. WILL I HAVE TO STAY IN PRISON UNTIL MY TRIAL STARTS? IF SO, FOR HOW LONG? The information given below is specific to Ireland. For general information and tips about how to obtain your release prior to your trial, please refer to our note of advice on Applying for Release Pending Trial. How long can I be kept in prison before my trial starts? If you have been arrested for an offence which does not allow for your detention, then you must be charged and cautioned with that offence. You must then be released on bail by the member in charge of the Garda station or brought before a judge of the District Court as soon as possible. When you are brought to the District Court for the first time after you are charged, the court has two options: It may remand you in custody for a period of no longer than 8 days. This means that you are detained in custody until a particular date when you will be brought back before the court. This date is called the remand date ; or It may remand you on bail for a period that is longer than 8 days if you and the prosecution consent. This means that you are released on bail but you must appear before the Court on a particular date. When you are brought before the District Court for the second and subsequent times, the court has two options: It may remand you in custody for a period of 15 days or less; or It may remand you in custody for a period of 16 to 30 days, if you and the prosecution consent. If you are remanded in custody for a period of 4 days or less, the court may commit you to the custody of the Garda. This means that you are kept at a Garda station instead of in a prison. Will I have to stay in prison until my trial starts? You can be held in custody if you are refused bail by the court. Reasons for keeping people in custody are to prevent them from: failing to attend their trial (i.e. absconding); tampering with evidence or interfering with witnesses; or 5

6 committing another offence (c) Are there alternatives to detention pending trial? Yes, you can be released, but some conditions may be imposed on you. A variety of bail conditions can be imposed, including surrendering your passport, or other travel documents, reporting regularly to a Garda station to ensure your compliance with these conditions, or providing a financial guarantee for your attendance at court (called security). The court may also decide that an independent surety is required to guarantee your appearance. An independent surety is a person who makes him or herself responsible for your appearance in court. S/he promises to pay a sum of money to the court if you do not appear as agreed. Let your solicitor know of any difficulties you may have in meeting your bail conditions. (d) How and when can I apply for release while waiting for trial? When you are first charged, the Garda will request that you appear before the District Court at the next hearing. Bail conditions may be imposed. If you are remanded in custody, you will appear before the District Court. Usually, the court will decide if you can be released and, if so, any conditions you must comply with. You should have the right to bail, unless there is sufficient reason not to grant it. The District Court does not have the power to grant you bail if you have been charged with certain serious offences which can only be tried in the High Court (e.g. murder). In those cases, the District Court can decide that you should be remanded in custody until you or your solicitor apply to the High Court for bail, or until your trial starts. (e) Can I go back to my home country if I have been released pending my trial? It is possible. However, if you do not live in Ireland, and you do not have close ties to Ireland, it is likely to be a condition of your bail that you do not leave the country. You may also be required to surrender your passport and/or travel documents. (f) What will happen if I breach the conditions of my release? If you do not appear in court as agreed, a warrant will be issued for your arrest. The amount of money that was specified in the bail bond will be forfeited by you and/or your independent surety. You may also be charged with a further criminal offence that carries a maximum penalty of 1,270 and/or 12 months imprisonment. It is unlikely that you will be granted bail in the future. (g) Do I need a lawyer to apply for release? No, you do not need a solicitor/barrister to apply for bail. However if you can get the assistance of a lawyer, it may increase your chances of being released. Q6. HOW LONG BEFORE MY CASE GOES TO TRIAL? The maximum length of time you can spend in custody before your trial starts depends on the nature of the offence you have been charged with and the court that will try your case. There is no legal limit to the amount of time you can spend in pre-trial detention, although time limits do apply in proceedings before lower courts (see above). At the first pre-trial detention hearing before the lower court, detention on remand may be ordered for up to eight days. At subsequent hearings before the judge in the lower court, pre-trial detention may be extended for 15 days or, with the defendant s and prosecutor s consent, up to 30 days before review is needed. There are always delays with my case, does that mean my lawyer is doing a bad job? Delays happen at each stage of the proceedings and courts are known to be overstretched, which causes cases to be fairly slow to reach a conclusion. This is not necessarily the result of poor quality work from your solicitor. Q7. CAN I PLEAD GUILTY? WHAT ARE THE CONSEQUENCES OF PLEADING GUILTY? 6

7 Yes, you can plead guilty at any stage even if you have previously entered a not guilty plea. You should always seek the advice of a lawyer before pleading guilty. If you enter a plea of guilty then you will not be given a trial but rather you will be given a sentence hearing. There can be some advantages if you plead guilty: it may be possible for you to plead to a less serious offence, or to agree a basis of plea with the prosecution; in some circumstances you will get a reduction in your sentence if you plead guilty; there may be an agreement over the conditions of your detention; and it takes less time than to go through a full trial. Q8. WHAT HAPPENS AT THE TRIAL? The charges against you can be changed up to the trial date and additional evidence can be served up to and during the trial. In court, a garda must give you documents which comprises of the evidence against you. This will not be a complete statement of the prosecution s case and they are entitled to serve additional evidence up to and during your trial. If you are charged with a minor offence, a judge sitting without a jury will decide your case in the District Court. If you are charged with a more serious offence, you will be tried by a jury at the Circuit Court and the Central Criminal Court. When your trial begins, the prosecution will open its case with a brief speech explaining what crime(s) you are accused of and the case against you. The prosecution will then call their witnesses in turn and present any other evidence against you. You will have the opportunity to ask each witness questions after the prosecution and to put your case to them. You will then be given an opportunity to call and question witnesses to give evidence in your defence. If you are represented by a barrister s/he will do this on your behalf. You may also give evidence, although you are not obliged to do so. The prosecution will also have the opportunity to cross-examine each of your witnesses. Both the prosecution and the defence may make final submissions relating to the case. At the end of the case, both the prosecution and the defence counsel summarise the facts for the judge/jury and highlights the merits of their own case. If you are being represented by a barrister, s/he will monitor proceedings, make any applications of a legal nature. After the prosecution and defence have made their closing speeches, the court (i.e. the judge or a jury) will decide on your guilt or innocence. If you are found guilty, the judge will sentence you. If you are found not guilty, the judge will dismiss the charges against you. Do I have to be present? For most cases you have to be present at your trial. If you fail to appear in court, the judge can make an order to arrest you and bring you to court in custody. The trial can occasionally go ahead without you and you can be convicted in your absence. Can I ask for the trial to take place in my home country? No. (c) Is there a jury? In Ireland, only serious cases, which are heard in the Circuit Court and the Central Criminal Court, are tried by a jury. Other less serious cases are decided by a judge, without a jury in the District Court. (d) Can my lawyer call and cross-examine witnesses? Yes. Your lawyer will have the opportunity to cross-examine every witness called by the prosecution. After the prosecution has closed their case your lawyer will be able to call witnesses on your behalf and ask them questions. (e) I don t speak the language of the court, do I have a right to an interpreter? Is it free? Yes. You have the right to interpretation if you do not understand what is happening. Ask your solicitor/barrister to ensure that you have an interpreter. 7

8 (f) Will the written evidence be translated for me? Your lawyer may be able to apply for any evidence to be translated for you. Make sure your barrister knows that you need translations. In practice, the court will only assist with translations if there is a specific need. However, an interpreter can assist you when you are talking to your barrister, and they can explain the evidence to you. (g) Will the interpreter also help me if I need to talk to my lawyer? If necessary, an interpreter can be present during conferences with your barrister. If you have been unable to obtain translations of the evidence, you can use this opportunity to have the evidence explained to you orally. The interpreter will only be provided when you are in the court or in a Garda station. (h) Will I be informed of the decision of the court on the day of the trial? If your case is being heard by a jury, the jury will be given time to deliberate at the end of the trial and will then return their verdict. So, you may not be informed of the decision on the same day. If your case is decided by a single judge (District Court), you will normally be informed of the decision at the conclusion of the trial (generally the same day). (i) Can I receive a copy of the judgment in my mother tongue? The decisions of the court are made in English but your solicitor/barrister may be able to arrange a translation for you. (j) I was tried in my absence and was not informed of this, what can I do? If you think that you may have been tried in your absence, you should consult a lawyer at the earliest opportunity to see whether you can challenge the decision or obtain a re-trial. Q9. I AM NOT HAPPY WITH THE DECISION, CAN I APPEAL AGAINST IT? HOW DO I APPEAL? You should seek advice from your solicitor/barrister about the arguments you can put forward to challenge the decision of the lower court (s/he can challenge either points of laws or facts, depending on the circumstances), and the timeframe to appeal. Appeals from the District Court are heard in the Circuit Court. To appeal, you must lodge your appeal within 14 days to the prosecutor and the court. If you are appealing from the District Court, you are entitled to a full rehearing of your case. Appeals from the Circuit Court or Central Criminal Court are heard in the Court of Criminal Appeal. Appeals are lodged with the Court of Appeal within a strict time frame. Normally, your lawyer will do this for you. Your lawyer may advise you that you should not appeal against your conviction or against your sentence. Lawyers usually give this advice when they consider that the appeal has no chance of success. If you strongly disagree with your lawyer, you can ask another lawyer for a second opinion, or you can decide to appeal without the assistance of a lawyer. If possible, it is advisable that you get legal advice, given that appeals are very technical and you have more chances of obtaining a successful outcome if you are represented by a lawyer. Do I need to pay my lawyer more money if there is an appeal? If you are paying for your own lawyer privately, you will probably have to pay them for time spent on the appeal. What is the time frame for the appeal to take place? If your appeal against conviction or sentencing fails, the court will review the sentence and, if the prosecution had also appealed, there is a possibility that your sentence could be increased. If the appeal court thinks the sentence is wrong in principle, it can increase or decrease the original sentence. (c) Could things get worse during the appeal? If I am acquitted, can the prosecution appeal? 8

9 The prosecution cannot appeal against an acquittal by a jury, but they can appeal if you have been acquitted as a result of a direction by the trial judge, or a ruling that excluded compelling evidence. The prosecution can also refer cases to the Court of Appeal if it considers the lower courts have passed an unduly lenient (i.e. too short) sentence, in which case your sentence may be increased. Q10. I HAVE EXHAUSTED ALL LEGAL REMEDIES. WHAT OPTIONS DO I HAVE? Is it possible to get my case reviewed? You may be able to get your case reviewed, if there is a new or newly discovered fact in your case that supports your defence. It is also possible to seek a declaration of a miscarriage of justice. However, it is rare for cases to be reviewed after the Court of Appeal has confirmed your conviction. Can I apply for a pardon? Yes, but pardons are granted extremely rarely. A pardon can only be granted by the President on the advice of a government minister (i.e. the Justice and Equality Minister in Ireland). You do not need a lawyer to apply for a pardon. Q11. WHAT RIGHTS DO I HAVE AS A PRISONER? Do I have rights as a prisoner? Where can I find out about my rights? You have certain rights and privileges when you are in prison. There is no list or charter of rights for prisoners, but the courts consider prisoners' rights as individual cases come before them. You should speak to your lawyer, if you would like some more information about your rights. Information about prisoners is also available from Citizens Information. Citizens Information runs outreach programmes in some prisons, so you may be able to ask them your questions directly. Alternatively, if they do not hold outreach programmes in the prison where you are detained, you can ask a member of the prison staff to give you the contact details of the local Citizens Information Centre, and you can write to them. Other local organisations, such as the Irish Council for Civil Liberties, and the Irish Penal Reform Trust, may also be able to provide some information. What can I do if my rights are violated? Where can I get assistance regarding my welfare issues, regarding abuse and mistreatment? The Citizens Information website is a good source of advice. Your lawyer may also be able to help you with welfare issues and complaints about other abuses or mistreatment. You can also get assistance from NGOs listed on the attached useful links page. Q12. CAN I GET MY SENTENCE REDUCED? You may get a reduction of the time you spend in prison. If you have been imprisoned, part of your sentence could be remitted. This means that you do not have to remain in prison for the full period of your sentence. Prisoners have a right to remission of one-third of their prison sentence. However, part of this remission may be cancelled as disciplinary punishment. Whether or not you get remission depends on your good behaviour while you are in prison. Note that time served in pre-trial detention will be considered as part of your sentence. What would help me get an early release? Good behaviour in prison and involvement in activities (such as classes or a job) may help you get an early release. I have been sentenced to pay a fine, what will happen if I don t pay it? You can be imprisoned for failing to pay a fine. The maximum period you can be sentenced to prison for a failure to pay a fine is 90 days. 9

10 Q13. CAN I GO BACK TO MY HOME COUNTRY? Can I serve my prison sentence in my home country? You may be transferred to a prison in your home country if a prisoner transfer agreement exists between Ireland and your country. For more information about prisoner transfers, please ask for our note on Prisoner transfers. Can I be expelled instead of serving my sentence? In certain cases, your sentence, or part of your sentence could be handed down on the condition that you leave the country. This does not mean that you are deported, but if you fail to leave the country, you will be imprisoned. (c) Is there a risk that I will be deported after serving my sentence? If you are an EU citizen you cannot, in general, be deported. If you are not an EU citizen then you may be deported, depending on the seriousness of your crime and length of your sentence. You should ask for more information from your lawyer. The court itself cannot send you back to your country. However, the court may recommend to the Minister for Justice that you should be deported. USEFUL LINKS ORGANISATION MANDATE CONTACT DETAILS LAW GOVERNING BODIES The Bar Council of Ireland & Barrister s Professional Conduct Tribunal The Law Society of Ireland OMBUDSMEN The Bar Council of Ireland represents barristers in Ireland. They are here to help, protect and promote barristers across Ireland. The Bar Council publishes a Code of Conduct and a Disciplinary Code that all barristers must obey. If a barrister does not follow the Code of Conduct or the Disciplinary Code, a client may complain about them to the Tribunal. There are various steps that should be taken to prior to complaining about a barrister to the Tribunal. Languages: Website in English The Law Society of Ireland represents solicitors in Ireland. They are here to help, protect and promote solicitors across Ireland, as well as deal with any complaints. Lists of solicitors and a search tool to find a local solicitor is available on the Law Society website. Languages: Website in English. Website: E: barcouncil@lawlibrary.ie T: +353 (0) F: +353 (0) Bar Council Administration Office Four Courts Dublin 7 Barristers Professional Conduct Tribunal 145/146 Church Street Dublin 7 Website: E: general@lawsociety.ie T: (0) F: (0) Blackhall Place, Dublin 7 Complaints and Client Relations Section E: complaints@lawsociety.ie. T: +353 (0) F: +353 (0) George's Court, George's Lane, Dublin 7 Office of the The Ombudsman reviews complaints and take action to redress any Website: 10

11 ORGANISATION MANDATE CONTACT DETAILS Ombudsman Oifig an Ombudsman injustice where possible in cases where public bodies are failing / have not acted properly / have provided a poor service in relation to Ireland s government department, or one of its agencies. Complaints can be made only after the complainant tried to redress situation with organisation involved first. The Ombudsman also provides outreach services in various towns and cities across Ireland on specific dates. Languages: Website in English and Irish E: ombudsman@ombudsman.gov.i e T: +353 (0) F: +353 (0) Lower Leeson Street Dublin 2 Garda Ombudsman Commission (GSOC) Síochána The GSOC deals with complaints made by the public about the conduct of the garda. If you have a complaint to make against a garda officer, you should contact the Commission. Complaints are expected within 6 months of the incident in question, but the GSOC may extend this time limit if it considers that there are good reasons for doing so. Website: E: info@gsoc.ie T: +353 (0) LoCall: Abbey Street Upper Dublin 1 LEGAL ADVICE Citizen s Information Faisnéis do Shaoránaigh Free Legal Advice Centres (FLAC) Legal Aid Board An Bord um Chúnamh Dlíthiúil The Citizens Information Board is an organisation that supports the provision of information, advice and advocacy on a broad range of public and social services. This is a national agency which is responsible for giving information and advice on social services and money matters. It also provides advocacy services. Information is available through the citizen s information services in person, by phone or on the website. Citizen s Advice has a Self-help website with legal and practical advice from Citizen s Information Centres across the country. Languages: Website in English and Irish, with some information also available in certain in Polish, French and Romanian. FLAC is an independent human rights organisation dedicated to the realisation of equal access to justice for all. To this end it campaigns on a range of legal issues but also offers some basic, free legal services to the public. FLAC currently concentrates its work on four main areas: Legal Aid, Social Welfare, Credit & Debt and Public Interest Law. The Board is responsible for the provision of legal aid and advice on matters of civil law to persons unable to fund such services from their own resources (e.g. to victims of human trafficking and asylum seekers). Please Note: The Legal Aid Board does not provide legal aid in criminal matters. Website: T: (9am-8pm, Monday-Friday) T: F: Citizens Information Board Ground Floor George's Quay House 43 Townsend St. Dublin 2 Website: Information & Referral Line: T: +353 (0) F: +353 (0) Lower Dorset Street, Dublin 1 Website: E: info@legalaidboard.ie T: +353 (0) LoCall: F: +353 (0) Quay Street, Cahirciveen, Co. Kerry. HUMAN RIGHTS Irish Council for Civil Liberties (ICCL) The Irish Council for Civil Liberties (ICCL) is Ireland s leading independent human rights watchdog, which monitors, educates and campaigns in order to secure full enjoyment of human rights for everyone Website: E: info@iccl.ie T: +353 (0) F: +353 (0)

12 ORGANISATION MANDATE CONTACT DETAILS 9-13 Blackhall Place, Dublin 7 GENERAL ADVICE FOR PRISONERS Irish Penal Reform Trust (IPRT) IPRT campaigns for the rights of people in prison and for prison reform. IPRT have a number of priority areas including: human rights within the prison system aiming to build respect for and awareness of human rights standards in the penal system; and youth justice highlighting human rights issues in relation to young people and the law. Website: E: info@iprt.ie T: +353 (0) Green Street, Dublin 7 CHILDREN / YOUNG PRISONERS Children s Alliance Rights The Children s Rights Alliance is a coalition of non-governmental organisations working to secure the rights of children in Ireland. Website: You could contact the Alliance if you had any questions about your rights as a child or young person. E: info@childrensrights.ie T: +353 (0) Molesworth Street Dublin 2 COUNSELLING SPIRASI SPIRASI is a humanitarian, intercultural, non-governmental organisation that works with asylum seekers, refugees and other disadvantaged migrant groups, with special concern for survivors of torture. SPIRASI aims to protect, rehabilitate and integrate survivors of torture and other vulnerable people. Teams of medical doctors, psychologists, therapists and psycho-social workers aid survivors of torture in their rehabilitation. Website: E: info@spirasi.ie T: +353 (0) F: +353 (0) North Circular Road Phibsborough Dublin 7 Fair Trials would like to thank the law firms and individual practitioners, including Dara Robinson (Sheehan & Partners, Dublin), who have generously given their time and expertise to help produce these legal guidance notes. For a full list of our funders see 12

13 Fair Trials aims to help people accused of crimes to understand and exercise their fair trial rights by providing information and referrals. We do not charge for any of our assistance. If you complete this form, we may be able to: - Send you general information, including advice about the local legal system that could be helpful to you; - Provide answers to any specific questions you might have; and - Refer you to local sources of support (for example, referrals to local lawyers, if appropriate). We cannot provide any legal advice or representation that is specific to your case, and we are also unable to provide any welfare support or financial assistance. Please fill out this form and send it back to: By Post: Fair Trials, Temple Chambers, 3/7 Temple Avenue, London, EC4Y 0HP, United Kingdom By Fax: +44 (0) All information will be treated confidentially, and in accordance with our privacy notice set out overleaf. A) Personal Information Full Name Nationality Your current address (your prison address, if you are in custody) Prisoner Number (if applicable) B) Legal Representation Would you like referrals to local lawyers? Yes No Are you able to pay for a lawyer? Yes No Depending on the country, you may not be able to choose your own specific lawyer, if you cannot pay for one. C) Fair Trials How did you hear about us? How did you receive this form? If you have already seen any of our materials (e.g. Arrested Practical Guidance ), please let us know, and tell us which you have seen. 13

14 D) Further Information / Questions We have printed materials on a range of topics where we are most often asked for help. Please tick on any of the following topics on which you would like further information. Applying for Release Pending Trial Prisoner Transfers The European Arrest Warrant ( EAW ) Criminal Records in the European Union INTERPOL Red Notices Use the space below to: - Request clarifications on any information from us that you have already seen; - Highlight any specific information, or referrals that you believe could be helpful to you; and - Give us feedback or comments Please be specific with any questions or requests you have. E) Nominated Contact It can sometimes be difficult for Fair Trials get in touch directly with people in prison. In such cases, it can be helpful if we are provided with the name and contact of a family member or a friend whom you are happy to nominate as Fair Trials point of contact. Please provide their details below: Full Name: Relationship to you: Address: Telephone: F) Privacy Notice We collect information about you when you complete and return this form. We use this information to assist you and otherwise provide support in relation to your case. Fair Trials will retain your information for up to six years after: 1) if we are notified about the end of your legal proceedings, from the date of notification; or 2) if we are not notified, the date of the last correspondence with you about your case. For more information about how we handle your personal information, please see the privacy policy on our website ( Please sign here to confirm that you have read and agree to the Privacy Notice in this form. Full Name:.. Signature:. 14