Director of Public Prosecutions v Gormley, Director of Public Prosecutions v White [2014] IESC 17 (06 March 2014)

Director of Public Prosecutions v Gormley, Director of Public Prosecutions v White [2014] IESC 17 (06 March 2014)

A detained suspect who requests a solicitor is entitled to have police questioning postponed for a reasonable period to allow the solicitor to attend and advise before questioning begins; evidence obtained from questioning in breach of this right is inadmissible. However, the taking of forensic samples prior to solicitor access does not breach the privilege against self-incrimination and does not render such evidence inadmissible, provided no oppressive or coercive conduct occurs.

Citation
[2014] IESC 17
Parties
Prosecutor/respondent: Director of Public Prosecutions; Accused/appellant: Raymond Gormley; Accused/appellant: Craig White
Jurisdiction
Ireland
Judgment Date
06 March 2014
Procedural Posture
Criminal Appeal / Supreme Court Judgment on Appeal From Court of Criminal Appeal
Outcome
DPP v Gormley - Appeal allowed; DPP v White - Appeal dismissed
Legal Topics
Right to Legal Advice, Access to Solicitor in Custody, Admissibility of Evidence, Self Incrimination, Due Process, Forensic Evidence, Detention Procedures
Criminal Law Constitutional Law Human Rights Law Right to Legal Advice Access to Solicitor in Custody Admissibility of Evidence Self Incrimination Due Process +2 more

Case Brief

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Parties

Director of Public Prosecutions

Prosecutor/respondent

Raymond Gormley

Accused/appellant

Craig White

Accused/appellant

Procedural Posture

Criminal Appeal / Supreme Court Judgment on Appeal From Court of Criminal Appeal

Legal Issues

  1. 1 Whether a detained suspect is entitled to have questioning postponed until a solicitor arrives after a request for legal advice
  2. 2 Whether forensic samples can be taken before access to a solicitor is provided
  3. 3 Whether statements or evidence obtained in breach of these rights are admissible

Ratio Decidendi

A detained suspect who requests a solicitor is entitled to have police questioning postponed for a reasonable period to allow the solicitor to attend and advise before questioning begins; evidence obtained from questioning in breach of this right is inadmissible. However, the taking of forensic samples prior to solicitor access does not breach the privilege against self-incrimination and does not render such evidence inadmissible, provided no oppressive or coercive conduct occurs.

Court Disposition

DPP v Gormley - Appeal allowed; DPP v White - Appeal dismissed

Orders

  • In Gormley, evidence of statements made before solicitor's arrival is inadmissible; conviction set aside.
  • In White, forensic samples taken before solicitor's arrival are admissible; conviction stands.