THE DISTRICT COURT: THE RIGHT TO SILENCE

In the past number of years Solicitors have been permitted to sit with clients while they are being interviewed by Gardaí and the Criminal legal aid system has been modified to allow for payments to Solicitor performing this service. This brings Ireland into line with other countries such as the USA & the UK. This one hour lecture seeks to provide some guidance, tips and relevant case law in relation to acting for clients who are being interviewed by Gardaí. The lecture focuses, in particular, on the right to silence and when it should be advised.

Topics covered:

  • The three basic truths
  • The common law principles
  • Statutory encroachments
  • Consequences of failure to answer certain questions
  • Inference provisions
  • Advice to clients
  • Confessions

Learning outcomes:

  • To have a clear understanding of your role as a Solicitor who sits in an interview with a client.
  • To be able to explain to a client the concept of self-incrimination.
  • To have a clear understanding of the circumstances in which a client should not invoke the right to silence.
  • To be able to explain to a client what an inference is and when an inference can be made.
  • To have a clear knowledge of the statutory exceptions which exist in relation to the right to silence.

Teaching methods:  

e-Lecture, PowerPoint;

Duration & pricing:

  • Net-Duration: 1 hour

To review current/scheduled booking options, please refer to: 2021 Legal CPD programme

CPD-Philanthropy is an independent network of distinguished Barristers/Legal Academics who reduce CPD rates to a minimum, to encourage you/your firm, to make a separate donation directly, to a charity of your choice instead.

Between 2015 and 2020, 2905 Solicitors in conjunction with 651 firms/public bodies, registered their attendance at CPD-Philanthropy training events/activities. Since December 2015, Solicitors pledged support for 167 different charitable projects. We invite you to review more comprehensive information on participating firms/companiesnominated charities and testimonials by clicking the respective link.

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