Criminal Justice Act, 1984
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Access to solicitor and notification of detention. |
5.—(1) Where a person not below the age of seventeen years is detained in a Garda Síochána station pursuant to section 4 , the member of the Garda Síochána in charge of the station shall inform him or cause him to be informed without delay that he is entitled to consult a solicitor and to have notification of his detention and of the station where he is being detained sent to one other person reasonably named by him and shall, on request, cause the solicitor and the named person to be notified accordingly as soon as practicable. | |
(2) Where a person under the age of seventeen years is detained in a Garda Síochána station pursuant to section 4 , the member of the Garda Síochána in charge of the station shall— | ||
(a) inform him or cause him to be informed without delay that he is entitled to consult a solicitor, and | ||
(b) as soon as practicable, inform or cause to be informed a parent or guardian of that person of his detention, of the place where he is being detained and of his entitlement to consult a solicitor, | ||
and shall, on request, cause the solicitor to be notified accordingly as soon as practicable: | ||
Provided that— | ||
(i) if the person detained is married, this subsection shall have effect with the substitution of references to his spouse for the references to a parent or guardian; | ||
(ii) if the member of the Garda Síochána in charge of the station is unable to communicate with a parent or guardian of the person detained or with that person's spouse, as the case may be, the provisions of subsection (1) shall apply as if the person detained had attained the age of seventeen years. | ||
(3) If and for so long as the member of the Garda Síochána in charge of a Garda Síochána station in which a person is detained pursuant to section 4 has reasonable grounds for believing that the person is not below the age of seventeen years, the provisions of subsection (1) shall apply as if he were of that age. |