Interviewed by the Garda Síochána Professor Ursula Kilkelly and Dr Louise Forde Centre for Children’s Rights and Family Law School of Law University College Cork
Children, defined as those under 18 years (s.3 of the Children Act 2001), have particular legal rights in light of their age, needs, and circumstances. The particular characteristics of children who come into conflict with the law require that special protections are in place to ensure their rights are protected and the integrity of the justice process is preserved. For children, whose age and stage of development makes them inherently vulnerable, being questioned by the police can be an intimidating and at times terrifying experience. They can also face particular challenges in exercising their rights. For these reasons, Irish and international law – including the UN Convention on the Rights of the Child – sets out the legal protections to which children are entitled in such situations. To date, however, no Irish research has explored how children enjoy these rights in practice.
This study carried out by the School of Law at University College Cork, funded by the Policing Authority, explores the experiences of children questioned by members of the Garda Síochána (the police). The experiences of children, members of the Garda Síochána, lawyers representing children, and parents and other adults who support children were documented and set against the benchmarks of national and international law and contextualised within the international research and literature. As the first of its kind in Ireland, this study offers an important and original insight into children’s experiences of their rights during Garda Síochána questioning and, in consultation with key stakeholders, it offers recommendations for how these rights might be better protected.
Aims and Methodology
The aim of the research was to understand children’s experiences of their rights in Irish and international law during Garda Síochána questioning. In order to achieve this, semi-structured interviews were carried out with four distinct groups:
children with experience of being interviewed by members of the Garda Síochána;
members of the Garda Síochána with experience of interviewing children;
lawyers with experience of representing children in criminal matters; and
parents/guardians or other adults present during Garda Síochána interviews.
The methodology comprised desk-based and qualitative research. The desk-based research involved an analysis of the relevant research and national and international law on police questioning of children. This analysis established the benchmarks against which the empirical research findings were measured. Following this, work was undertaken to identify and review the relevant international literature on police questioning of children, which helped to situate the Irish experience in the international context.
The qualitative research undertaken as part of this study involved a series of short, individual, semistructured interviews with four groups of participants; children, members of the Garda Síochána, lawyers and parents. Twenty children, aged between 14-18 years, took part. In co-operation with the Garda Research Unit, nine members of the Garda Síochána participated; four lawyers (all solicitors), and three parents and adults acting in a supportive role for children were also interviewed. In total, 36 interviews were conducted.
Summary of Key Learning
The study presents a snapshot of children’s experiences of their rights during Garda Síochána questioning, from the perspective of children, members of the Garda Síochána, lawyers and parents/carers. It contains detailed findings regarding children’s experiences of their rights when questioned by members of the Garda Síochána. There is strong alignment between the issues raised by this study and those evident in the international literature.
Notwithstanding the small scale of the research, it is clear from this study that the process of interviewing children in police custody is complex. Key concerns are: access to information and legal advice, children’s treatment during questioning, the nature of the environment, children’s capacity and understanding and the role of parents and others who support children during the process. This study highlights some good practice and also highlights areas where practice could be improved.
The following key points of learning emerge from this study:
Children are particularly vulnerable when questioned by members of the Garda Síochána, and as a result, they have a right to be treated in an age-appropriate way, using language and communication that is adapted and child-friendly;
Some children had negative experiences of being detained in Garda custody prior to or during interviews. The absence of suitable facilities in Garda Síochána stations was a concern, highlighting that priority needs to be given to improving facilities;
While information is sometimes provided in a child-friendly way, further consideration should be given to how explanations are provided to children; tools and resources should be developed to aid communication and understanding;
Children’s exercise of their right to legal advice and assistance is a concern in light of their ability to waive their right to a lawyer;
Although parents play an important role in supporting children during questioning, legal and practical issues arise where the parent or guardian is not available to attend the Garda Síochána station. Further statutory guidance would help to bring clarity to this issue;
Children need additional support to enable them to understand the information they are given and the questions asked of them before, during and after Garda interview. Special measures should be taken in the case of children with additional vulnerabilities or learning difficulties;
The experience of the child being interviewed can vary depending on the approach of the individual member of the Garda Síochána. Measures should be adopted to promote consistent good practice. Allegations of ill-treatment by members of the Garda Síochána, including both physical and verbal abuse, are a matter of serious concern which require urgent attention; and
All professionals who work with children – both members of the Garda Síochána and lawyers who advise children – require additional specialist training.
Two overarching conclusions are worthy of further research and analysis. The first relates to consistency. In particular, it is evident from all research participants that each child’s experience of their rights depends on multiple factors, including the approach of individual members of the Garda Síochána and the child’s personal circumstances. The second overarching conclusion is that on a range of issues relevant to the child’s experience of the police interview, there is a divergence between the child’s experience of the interview process and that of the adult participant. This highlights the importance of taking account of the views of children both in research and in the reform of policy and practice.
This study highlighted examples of good practice amongst members of the Garda Síochána including their specialist expertise and experience. At the same time, the research suggests that improvements are needed to ensure that the rights of the child are fully protected during police questioning. Addressing these concerns requires the clear articulation of these standards in law and policy, while at the same time ensuring that members of the Garda Síochána are equipped with the tools, resources and training they need to ensure those standards are consistently met.
Cork, Ireland: Centre for Children’s Rights and Family Law School of Law University College Cork, 2020. 67p
