The Garda Inspectorate has said some Garda custody facilities are "unsafe and not secure".
It also said it is concerned that there is no overarching custody strategy for people arrested and held in garda stations beyond adherence to the relevant legal requirements.
In a report published today the Inspectorate also found many gardaí were not trained for the role and that poor record keeping was a recurring problem, exacerbated by the absence of an electronic custody management system.
The Inspectorate carried out 23 inspections at garda stations, 11 of which were unannounced as part of an examination of the treatment, safety and wellbeing of people in garda custody.
It says it found that the fundamental rights of people in custody to legal advice, medical attention and to have a third party notified were well understood.
It also said it identified examples of good practice and high standards in some stations but that the standard of facilities ranged from purpose built custody suites to those that were unsafe and not secure.
The Inspectorate also highlighted a number of other concerns including that:
- Gardaí were aware of the need for adult support for children in custody, but the needs of vulnerable adults were not always identified and met.
- The searching of people in custody, in particular the lack of specific safeguards for children and vulnerable adults.
- Although custody provides an opportunity to intervene to divert people from offending behaviour, there was little evidence of partnership working to achieve this.
- People suffering from a mental disorder and taken into custody under Section 12 of the Mental Health Act, 2001 must, by law, be brought to a garda station rather than directly to a mental health facility, even though they may not have committed a criminal offence.
- While risk assessments were completed for almost every person in custody, plans to manage identified risks were not evident and the assessments were not reviewed during their time in custody.
- Not all incidents of force used on persons prior to their arrival at a garda station were reported and recorded in accordance with garda policy.
The Chief Inspector Mark Toland said the report sets out a pathway for these concerns to be addressed, not just by the Garda Authorities but also by the Department of Justice.
Minister for Justice Helen McEntee said that the forthcoming Garda Siochána (Powers) Bill will address many of the recommendations directed at the Department of Justice.
Ms McEntee also said the report has been referred to the Garda Commissioner for a response and an implementation plan will be developed and published.
