PRISONER INFORMATION

Transcription

1 PRISONER INFORMATION Consular Section British Embassy 29 Merrion Road Dublin 4 Ireland

2 CONTENTS Introduction If you are Detained List of Prisoners Abroad Charity Repatriation Prisoner Information Places of Detention This document contains general information but neither Her Majesty s Government nor any official of this Embassy take any responsibility for any inaccuracies contained in this Information Booklet.

3 INTRODUCTION HOW THE CONSUL CAN HELP YOU It is the Consulate s role to offer appropriate assistance to British nationals who have been detained or arrested overseas. Consular staff cannot get you out of jail. We are here to support you and to take an interest in your welfare. We aim to be sensitive and non-judgemental. We also aim to treat all prisoners the same no matter what crime you are detained for or whether you are on remand or have been sentenced. After being notified of your arrest, we can: Contact you in prison and visit you if that is what you want Give you information about the local legal system and provide a list of solicitors Put you in touch with a prisoner s welfare charity called Prisoners Abroad Tell your family and friends, if you want us to, that you have been arrested. Your family can also find out what is happening to you by contacting Consular Directorate at the FCO in London (tel ) and ask for the Casework Desk officer for Ireland. If you are thinking of not telling your family, please consider the distress it may cause them if they do not know your whereabouts. It can also be a disadvantage to you if you need money for anything in prison or fall ill. In the longer-term we can: Visit you in prison and keep in touch with you by telephone or letter. With your permission, take up any justified complaint about ill-treatment, personal safety, or discrimination with the police or prison authorities, and ensure that any medical or dental problems you might have, and of which we are made aware, are brought to the attention of any police or prison doctor Explain to you how to apply to transfer to a prison in the United Kingdom Consular staff at the British Embassy, Dublin are:- Harry Carberry, Vice-Consul Tel: Laura Winston Pro-Consul Tel:

4 IF YOU ARE DETAINED Remain calm and insist that the British Embassy be notified. IT IS YOUR RIGHT. An arrest is the apprehending or restraining of a person to bring that person to a District Court within a reasonable time. After you have been arrested you must be informed without delay: Why you have been arrested (i.e., the offence) That you are entitled to consult a solicitor, and That you are entitled to notify another person that you are in custody If you are under 18 years of age you must be informed that your parent or guardian is being informed and requested to attend the station. Manner of Arrest Force can only be used to make an arrest if it is absolutely necessary. When a Garda arrests you, he or she will actually touch your body or otherwise restrain your liberty. After your have been charged, the Garda must caution you with the following words: you are not obliged to say anything unless you wish to do so, but whatever you say will be taken down in writing and may be given in evidence. When you are brought to the Garda Station, details of the offence must be set out in a charge sheet. A copy of the details must be given to you. The Garda will formally charge you by reading each charge over to you and you will be cautioned after each charge is read out. The Garda must keep a note of any reply you make. Search of an Arrested Person A Garda may search you after your arrest and take Articles that he or she believes to be connected with, or evidence relating to, the offence charged or Articles that he or she believes to be connected with, or evidence relating to, some other offence or Articles that you might use to injure another person or property or to escape. Custody Record A custody record must be kept in respect of every person in custody. If you are transferred to another Garda Station, the member in charge of the station from which you were transferred must send the custody record with you. Procedure after Arrest Once you are charged and cautioned, you must be Released on bail by the member in charge of the station (a form of bail known as station bail) Transferred from the Garda Station to the District Court as soon as reasonably possible. If you are arrested after 5pm you may be brought to the District Court as early as possible before noon the following day. At the District Court, you may be released on bail or remanded in custody by the Judge.

5 LIST OF SOLICITORS IN IRELAND BRITISH EMBASSY, DUBLIN The following list of English speaking lawyers has been prepared by the British Embassy, Dublin, for the convenience of British Nationals who require legal advice in Ireland. While every care has been taken in the preparation of this list, neither Her Majesty s Government nor any officer of the British Embassy can act as a guarantor of the competence or probity of any particular lawyer, nor take any responsibility in regard to the consequences of accepting legal advice or initiating legal action. A full list of solicitors is available in the Irish Law Directory on All lawyers correspond in English. Dublin McCann Fitzgerald Tel: Harbourmaster Place postmaster@mccannfitzgerald.ie Custom House Dock Dublin 1 Honorary Legal Advisor to HM Ambassador General legal and civil work Beauchamps Tel: secur @beauchamps.ie Riverside Two Sir John Rogersons Quay Dublin 2 Bruce St John Blake & Co., Tel: bsbabsblake.com 6 Gardiner Row Dublin 1 All aspects of legal work except criminal D Arcy Horan & Co., Tel: tracy@dhs.ie Kingsbridge House Parkgate Street Dublin 8

6 Gerrard Scanlon & O Brien Tel: St Stephens Green ssob@secur .ie Dublin 2 General legal work including criminal James MacGuill & Co. Tel: Charles St West info@macguill.ie Dublin 7 Specialises in Criminal Law Matheson Ormsby & Prentice Tel: Sir John Rogerson Quay mop@mop.ie Dublin 2 General legal work Michael Campion & Co., Tel: Michaelcampion@indigo.ie Kreston House Arran Court Smithfield Dublin 7 All aspects of legal work Michael Staines & Co., Tel: Lincoln Lane Smithfield Dublin 7 Criminal Work Murphy Gibbons Tel: Main Street Newbridge Co Kildare Criminal Work Conveyancing

7 Sheehan & Partners Tel: Cunningham House 130 Francis Street Dublin 8 Cork McNulty Boylan & Partners Tel: /28 South Terrace Cork General legal work including criminal Comyn Kelleher Tobin Tel: ckt@ckt.ie 29 South Mall Cork General legal work including criminal Boland and Quirke Tel: bolandquirke@eircom.net 72 South Mall Cork Litigation and Conveyancing Collins Brookes & Associates Tel: info@collinsbrooks.ie 6/7 Rossa Street Clonakilty Co Cork General legal work including criminal

8 Eugene Carey & Co. Tel: Court House Chambers Landscape Terrace General legal work including criminal Donegal Brown & Co. Tel: Huntley House Pearse Street Letterkenny Co Donegal All aspects of legal work Gallagher & Brennan Tel: Mobile: House B, Carnamuggagh Upper Kilmacrennan Road Letterkenny Co Donegal Gallagher McCartney Tel: New Row Donegal Town Co Donegal Galway O Dea & Company Tel: initialsurname@odeasolicitors.ie 1 st Floor, Hardiman House Eyre Square Galway

9 General legal work including criminal WB Gavin & Co., Tel: Devon Place The Crescent Galway General legal work Heneghan & Associates Tel: Joyce House Tuam Road Galway Specialises in family law and conveyancing John M Ford & Son Tel: / information@fordsolicitors.com 2 Montpellier Terrace Sea Road Galway General legal work excluding criminal O Carroll & Co., Tel: / ocarrollsolicitors@eircom.net 19A Merchants Road Galway General legal work including criminal Kerry Gerald Baily & Co., Tel:

10 Church Place Church Street Tralee Co Kerry General legal work including criminal Cadogan O Regan Tel: Denny Street Tralee Co Kerry All aspects of legal work Frank O Connor & Co., Tel: foconnor@dinglelaw.com Upper Main Street Dingle Co Kerry All aspects of legal work Niall Brosnan & Co., Tel: brosnanandco@eircom.net 5 St Anthonys Place College Street Killarney Murphy Healy & Co., Tel: Murphysolicitor@eircom.net Chapel Place Killarney Co Kerry Murtagh E Burke & Co., Tel: meburke@eircom.net Dingle Co Kerry

11 Padraig Foley & Co., Tel: Gort a Lin John Street Dingle Co Kerry General legal work including Adoption Law Laois Breen Manning Tel: info@breenmanning.ie Tower Hill Portlaoise Co Laois Midland Legal Tel: Fitzmaurice House pmeagher@midlandlegal.ie Bank Place Portlaoise Co Laois Specialise in criminal defence work, personal injuries litigation and conveyancing Limerick Breen Geary McCarthy & Shee Tel: solicitor@bgmsie 3 Hartstonge Street Limerick

12 Michael Glynn & Co., Tel: O Connell Street Limerick Holmes O Malley Sexton Tel: Bishopsgate Henry Street Limerick Thornton Tel: reception@thorntonsolicitors.ie 88 O Connell Street Limerick Cagney Kearns Ford Tel: Market Yard Newcastle West Co Limerick All aspects of legal work including criminal Roscommon Brid Miller Tel: Solicitor bridmiller@eircom.net 16 Castle View Roscommon Co Roscommon All aspects of legal work specialising in criminal

13 Conleth Harlow & Co., Tel: Saint Alban Place Roscommon Co Roscommon Kilraine O Callaghan & Co., Tel: Castlerea Co Roscommon Murphy Ballantyne Tel: Elphin Street Boyle Co Roscommon Timothy JC O Keeffe & Co., Tel: Abbey Street Roscommon Principally conveyancing and probate Claffey Gannon & Co., Tel: firstname@clafgann.com Castlerea Co Roscommon All aspects of legal work

14 Waterford Derry O Carroll & Co., Tel: onfo@derryocarroll.com 4 Ballybricken Waterford City Waterford General legal service Purcell Cullen Kennedy Tel: info@purcellcullen.ie 21 Parnell Street Waterford and road traffic offences Bowe O Brien Tel: law@boweobrien.ie 1 Adelphi Quay Waterford General legal work excluding criminal Nolan Farrell & Goff Tel: info@nfg.ie Newtown Waterford General legal work Updated February 2013

15 PRISONERS ABROAD Prisoners Abroad is a UK charity partly funded by the FCO, which provides information, advice and support for prisoners and their families. They can provide information, limited financial assistance in certain situations, vitamins, a regular newsletter and support for families. They can keep in touch with you and your family throughout your time in prison and help you on your release. We recommend that you contact them and authorise us to share information about your case with them. Prisoners Abroad can only provide resettlement services to returning prisoners who are existing clients. Prisoners Abroad cannot assist a returning prisoner who only contacts them once back in the United Kingdom. It is important that you keep Prisoners Abroad informed of your release date. Prisoners Abroad can only support you if you are in custody. You will not be eligible for support if you are, for example, released on bail or parole but have to remain overseas. If you would like to be in contact with them and continue to receive their services, please complete the attached Authorisation Form and send it to them. Prisoners Abroad Fonthill Road London N4 3JH Tel: Fax: info@prisonersabroad.org.uk

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17 REPATRIATION There is a Prisoner Transfer Agreement between Ireland and the United Kingdom. Repatriation can only be applied for when all the legal process has been completed. In order to apply to be transferred you must complete a Repatriation Form (attached) and hand it into the Governor s office or to the Welfare and Probation officer. When you make an application to be transferred to a prison in the UK, the Irish authorities make an initial consideration of your application. If they are prepared (in principle) to agree to the transfer, they will forward information about you to the authorities in the UK. This will include details of the offence(s) and length and nature of the sentence. If the UK authorities agree to the transfer, they will tell the Irish authorities and provide them with information about how your original sentence will continue to be enforced. If the Irish authorities agree, you will then be provided with the relevant information on how your sentence will be administered in the UK. You will then be asked to give your written consent to the transfer. If you agree, the relevant travel and transfer arrangements will be made. Most of the costs of the transfer are the responsibility of the UK and Irish authority. However, you will be responsible for the cost of your own airfare. This can be paid in advance or you can sign to agree to undertake to repay the cost as soon as possible after your arrival in the UK. If you choose the second option, your passport will be retained until repayment is made. This process can take up to one year to complete. Both the UK Prison Service and the Irish Prison Service must agree to your transfer but the final decision rests with the Irish Minister for Justice. You have no automatic right to transfer. Each request is considered on its individual merits. Both the United Kingdom and Ireland have the absolute right to refuse your request.

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19 PRISON INFORMATION When someone is in prison in Ireland, they can expect to be provided with medical, dental, psychiatric and psychological care. A Director who is a medical specialist heads the Irish Medical Service. Medical Services:- Part-time medical doctors provide medical services in all prisons. Medical officers are responsible for medical welfare. They must pay particular attention to prisoners with psychiatric problems. If a prisoner needs hospital treatment, they will be transferred to outside hospitals, after a recommendation by the Prison Doctor. They may also be taken to local hospitals for outpatient treatment if required. Psychiatric Services:- If a prisoner needs psychiatric treatment while they are in prison, this will be provided by visiting psychiatrists employed by the Health Service Executive (HSE). If the psychiatrist and the prison doctor consider that you are in need of in-patient psychiatric treatment, you may be transferred to either the Central Mental Hospital or a District Mental Hospital. Counselling and care support will also be provided after your release from prison at the HSE s day centre at Usher s Island, Dublin. Psychology Service:- If a prisoner needs psychological treatment while in prison, it will be provided by the Psychology Service, which consists of ten psychologists, including the Head of Psychology Service. The main function of the Psychology Service is to provide prisoners with on-going therapy and supportive counselling. This counselling aims to increase awareness of problems and help to develop alternative strategies for dealing with criminal behaviour. The Psychology Service also provides a variety of programmes of sex offenders and a cognitive skills course for prisoners. Dental Service:- Dental treatment is provided on a similar basis to that available in the general community under the relevant Social Welfare Acts. In the Dublin prisons, dental services are provided by means of a contract arrangement with the Dublin Dental Hospital for the provision of dental staff to the prisons, while, elsewhere, local dentists provide the service.

20 PRISONS AND PLACES OF DETENTION There are 14 prisons and places of detention in Ireland. Eleven are closed institutions with both internal and perimeter security. Two are open centres with minimal internal and perimeter security. There is one semi-open prison with traditional perimeter security and minimal internal security. Details of the Prisons and Places of Detention (1) Portlaoise Prison This is a closed, high security prison for males aged 17 years and over. It is the committal prison for those sent to custody from the Special Criminal Court and prisoners accommodated here include those linked with subversive crime. (2) Mountjoy Prison This is a closed, medium security prison for males aged 17 years and over. It is the main committal prison for Dublin city and county and the largest penal institution in the State. (3) Dochas Centre Mountjoy Female Prison This is a closed, medium security prison for females aged 18 years and over. It is the committal prison for females committed on remand or sentenced from all Courts outside the Munster area. (4) Arbour Hill This is a closed, medium security prison for males aged 17 years and over. Its prisoner profile is largely made up of long term sentenced prisoners. (5) Castlerea Prison - This is a closed, medium security prison for males aged 17 years and over. It is the committal prison for remand and sentenced prisoners in Connaught and also takes committals from counties Cavan, Donegal and Longford. (6) Cork Prison This is a closed, medium security prison for males aged 18 years and over. It is the committal prison for counties Cork, Kerry and Waterford. (7) Limerick Prison This is a closed, medium security prison for males and females aged 18 years and over. It is the committal prison for males for counties Clare, Limerick and Tipperary and for females for all six Munster counties. (8) Midlands Prison This is a closed, medium security prison for males aged 17 years and over. It is the committal prison for counties Carlow, Kildare, Kilkenny, Laois, Offaly and Westmeath.

21 (9) St Patrick s Institution This is a closed, medium security place of detention for males aged 16 to 21 years, it accommodates both remand and sentenced prisoners. (10)Wheatfield Place of Detention This is a closed, medium security prison for males aged 17 years and over. It is the committal prison for counties Louth, Meath, Monaghan, Wexford and Wicklow. (11)Cloverhill Prison This is a closed, medium security prison for males aged 17 years and over which primarily caters for remand prisoners committed from the Leinster area. (12)The Training Unit This is a semi-open, low security prison for males aged 18 years and over, with a strong emphasis on work and training. (13)Loughlin House This is an open, low security prison for males aged 18 years and over who are regarded as requiring lower levels of security. (14)Shelton Abbey This is an open, low security prison for males aged 19 years and over who are regarded as requiring lower levels of security.