1. ROADS Services Training Group
LOCAL AUTHORITY ROADS CONFERENCE 2016
Reforms, Challenges and Safety
Radisson Blu Hotel, Rosses Point Road, Sligo, May 2016. 1

2. Reforms, Challenges and Safety
Road Traffic Investigations – A Defence perspective
Michael Lanigan
Solicitor
Poe Kiely Hogan Lanigan
Solicitors

3. Legal Framework
Road Traffic Laws: the Road Traffic Act 1961 and its later amendments influence and control driving on public roads in Ireland.
Health & Safety Laws: the Safety, Health and Welfare at Work Act 2005 and associated regulations influence driving for work in Ireland.
Other Legislation and Regulations may apply, such as Dangerous Goods Transport by Road and Construction regulations.
The Gardai are responsible for enforcing road traffic laws and investigating collisions and fatalities , where this involves a workplace or a work related accident this may be in collaboration with the Health and Safety Authority. .

4. Memorandum of Understanding between the HSA and An Gardai
The Health and Safety Authority has responsibility in relation to the Safety, Health and Welfare at Work Act 2005 (the 2005 Act) and several codes of legislation. If an incident or accident involves a breach of the 2005 Act or other health and safety legislation then Inspectors from the Authority will take appropriate enforcement action.

5. An Garda Sicohana and the Health and Safety Authority will co-operate, in so far as reasonably practicable, to ensure the effective enforcement of relevant legislation. Both bodies should share information and co-operate with each other, in so far as reasonably practicable, to maximise the quality of the investigation and any subsequent prosecution. In such cases, the Garda Superintendent in charge and the relevant Inspector for the Health and Safety Authority should liaise at the earliest possible opportunity and agree on the course of action to be followed.

6. Criminal investigative procedure
Investigation
Arrest
Interview
Charge

7. The Occurrence
Does this event give rise to possible criminal investigation ?
Notify those nominated by senior management
Fulfil all statutory notification requirements e.g. HSA, EPA
Record who is there i.e. Witnesses
Photographs if possible
Copies of relevant documents

8. Phase 1 of the investigation
Am I being asked to make a statement by the Gardaí / Inspector ?
What does it mean that I have just been cautioned that I’m not obliged to say anything unless you wish to do so but anything I do say will be taken down in writing and may be used in evidence ?
Why do lawyers regularly advise clients to say nothing after that ?
Right to silence is no longer absolute in certain cases .

9. Phase 2 of the investigation
Searches
The arrival of the Gardaí/Inspectors at offices or other place of work
Who are they ?
Are they exercising a statutory power or have they a warrant ? Ask them.
Notify Management immediately
Notification of the Council’s Lawyer

10. Arrest and Detention
You must be told that you are under arrest and why
For arrestable offences you can be detained at a Garda Station for an initial 6 hours that can be extended for a total of 24 hours
Time to call your Lawyer
Informal approach , “we will just call to your house” – what does that mean ?

11. The Interview In a Garda Station formal and on video
Insist on Lawyer being present
No such thing as off the record

12. The Charge or Summons Charge and further caution , bail
Not charged what may happen next
File to the DPP
Summons procedure
Court