Written answers

Wednesday, 10 November 2010

Department of Justice, Equality and Law Reform

Custodial Treatment

9:00 pm

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 199: To ask the Minister for Justice and Law Reform the time limit as determined in legislation regarding a matter (details supplied); and if he will make a statement on the matter. [41792/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 as amended, prescribe the standards for the treatment of persons detained in Garda custody.

Those regulations provide that the member in charge of a Garda Station shall, without delay, inform an arrested person (or cause him/her to be informed) that he/she is entitled to consult a solicitor and in the case of a person not below the age of eighteen years, that he/she is entitled to have notification of his/her being in custody in the Garda station concerned sent to another person reasonably named by him/her. In the case of a person under the age of eighteen, he/she is entitled to have information relating to his/her being in custody given to a parent or guardian (or spouse if married) and to have them asked to attend the Garda station without delay.

This information will be given orally and also by way of written notice. The time of the giving of the oral information and the written notice are recorded in the custody record and acknowledged by the arrested person. If he/she refuses to sign, that refusal shall also be recorded.

Photo of Jack WallJack Wall (Kildare South, Labour)
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Question 200: To ask the Minister for Justice and Law Reform the legislated position regarding a matter (details supplied); and if he will make a statement on the matter. [41794/10]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Criminal Justice Act, 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 as amended, prescribe the standards for the treatment of persons detained in Garda custody.

The regulations provide inter alia that if a person in custody appears to the member in charge to need medical attention, then he or she shall summon a doctor or cause one to be summoned unless the person's condition appears to the member in charge to be such as to necessitate immediate removal to a hospital. The member in charge shall ensure that any instructions given by a doctor in relation to medical care are complied with.

Medical advice shall also be sought if the person in custody claims to need medication relating to a heart condition, diabetes, epilepsy or other potentially serious condition or if the member in charge considers it necessary because the person has in his or her possession any such medication.

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