Helen McEntee (Meath East, Fine Gael)
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Under the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987, people arrested and detained in a Garda station must be informed of their right to consult a solicitor. The Garda Station Legal Advice Revised Scheme provides for the payment of fees to solicitors for telephone and in-station consultations with persons detained in custody and who are eligible under the terms of that Scheme. The appointment of a solicitor is a matter for the detainee who is entitled to a solicitor of his or her own choice. Where a detainee does not nominate their own solicitor, Gardaí can provide information to a detainee for the purpose of that individual being able to consult a solicitor.

A wider review of criminal legal aid is ongoing in the context of developing a new statutory basis for criminal legal aid including providing a legislative basis for the existing non-statutory schemes which include the Garda Station Legal Advice Revised Scheme. That review is ongoing.

The Garda Station Legal Advice Revised Scheme is operated by the Legal Aid Board and a guidance document regarding the operation of the Scheme is available on the website of the Legal Aid Board.