C21

Prospective amending provision: section inserted by Criminal Justice Act 2011 (22/2011), s. 9(a), not commenced as of date of revision:

F22[5B.— (1) Without prejudice to section 7 and to the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 (S.I. No. 119 of 1987), the Minister shall make regulations in relation to access to a solicitor by persons detained in Garda Síochána stations and, without prejudice to the generality of the foregoing, such regulations may make provision for—

(a) the periods for the purpose of section 5A(2),

(b) the procedures that are to apply in circumstances where a person nominates a solicitor of his or her choice for the purpose of consulting with that solicitor, including the procedures that are to apply in circumstances where the solicitor nominated by the detained person is unable to undertake to make himself or herself available within a specified period,

(c) the procedures that are to apply for the nomination by the member of the Garda Síochána in charge of the Garda Síochána station of another solicitor who can undertake to make himself or herself available within a specified period,

(d) the procedures that are to apply where a detained person refuses to consider whether or not he or she wishes to nominate a solicitor for the purpose of consulting with that solicitor, including the procedures for the nomination, by the member of the Garda Síochána in charge of the Garda Síochána station, of a solicitor who can undertake to make himself or herself available within a specified period,

(e) the periods for the purposes of paragraphs (b), (c) and (d),

(f) the procedures that are to apply in circumstances where a solicitor nominated by the Garda Síochána makes himself or herself available for the purpose of consulting with that person,

(g) the procedures that are to apply in circumstances where a person refuses to consult with the solicitor who makes himself or herself available for the purpose of consulting with that person, including the provision for informing the detained person of the effect under section 5A(3) of such refusal,

(h) the procedures that are to apply in circumstances where—

(i) a person waives his or her right to consult a solicitor, including the form of such waiver, and

(ii) a person is deemed under section 5A(3) to have waived his or her right to consult a solicitor, including the form of such waiver,

(i) the procedures that are to apply in circumstances where a person withdraws his or her waiver, including the form of such withdrawal of waiver,

(j) provision of consultation facilities including facilities to enable a detained person to consult in private with a solicitor in person or by means of a telephone, and

(k) the form for the purpose of section 5A(6).

(2) Regulations under this section may—

(a) make different provisions in relation to different classes of persons detained in Garda Síochána stations, or

(b) for the purpose of the periods under section 5A(2), fix different periods in relation to different areas.

(3) Regulations under this section may contain such incidental, supplementary and consequential provisions as appear to the Minister to be necessary or expedient for the purposes of the regulations.

(4) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall not of itself render that person liable to any criminal or civil proceedings or of itself affect the lawfulness of the custody of the detained person or the admissibility in evidence of any statement made by him or her.

(5) A failure on the part of any member of the Garda Síochána to observe any provision of the regulations shall render him or her liable to disciplinary proceedings.

(6) Every regulation under this section shall be laid before each House of the Oireachtas as soon as may be after it is made and, if a resolution annulling the regulation is passed by either such House within the next 21 days on which that House has sat after the regulation is laid before it, the regulation shall be annulled accordingly but without prejudice to the validity of anything previously done thereunder.]