Lavery v. The Member In Charge, Carrickmacross Garda Station [1999] IESC 29; [1999] 2 IR 390 (23rd February, 1999)

Lavery v. The Member In Charge, Carrickmacross Garda Station [1999] IESC 29; [1999] 2 IR 390 (23rd February, 1999)

Refusal to provide the solicitor with interview notes during detention does not render the detention unlawful, provided reasonable access to legal counsel is otherwise afforded. The right to legal advice does not include entitlement to running updates or to dictate the conduct of Garda interviews.

Citation
[1999] IESC 29
Parties
Respondent: Deaglan Lavery; Appellant: The State
Jurisdiction
Ireland
Procedural Posture
Constitutional/habeas Corpus / Appeal From High Court to Supreme Court
Outcome
appeal allowed; High Court order reversed
Legal Topics
Detention Legality, Access to Legal Counsel, Disclosure of Interview Notes, Offences Against the State Acts
Criminal Law Constitutional Law Detention Legality Access to Legal Counsel Disclosure of Interview Notes Offences Against the State Acts

Case Brief

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Parties

Deaglan Lavery

Respondent

The State

Appellant

Procedural Posture

Constitutional/habeas Corpus / Appeal From High Court to Supreme Court

Legal Issues

  1. 1 Whether refusal to provide solicitor with interview notes during detention renders detention unlawful under Article 40 of the Constitution
  2. 2 Extent of right of access to legal counsel during detention under Offences Against the State Acts

Ratio Decidendi

Refusal to provide the solicitor with interview notes during detention does not render the detention unlawful, provided reasonable access to legal counsel is otherwise afforded. The right to legal advice does not include entitlement to running updates or to dictate the conduct of Garda interviews.

Court Disposition

appeal allowed; High Court order reversed

Orders

  • Order of the High Court releasing the respondent is reversed.