SUSPECTED murderers, paedophiles and rapists can be interrogated legally by gardai for only four hours, the criminal justice conference in Malahide was told. The conference heard a call for a "Garda bail" system, whereby suspects in serious crimes could be detained for up to 36 hours.
Under the present criminal justice laws, people suspected of "ordinary" crimes - those which do not involve the use of firearms or drugs - can only be detained for two consecutive periods of six hours.
The Association of Chief Superintendents, in its first open conference, yesterday pointed out that the statutory rights due to a suspect meant that out of a total period of 12 hours' detention, gardai could expect to conduct only four hours of questioning.
Chief Supt Tom Monaghan said a suspect was entitled to half hour visits by a doctor, two by a solicitor and two by relatives, as well as food and rest periods aside from time spent processing the prisoner.
"This leaves a maximum period of just four hours for questioning, broken into two periods.
"Should an identification parade have to be arranged this time is further reduced by up to two hours. This situation is unsatisfactory. People who we know are guilty of major crime, such as murder or rape, are walking out of Garda stations free.
"A workable system whereby we can bring them back again is required."
He pointed out that 80 per cent of convictions for serious crimes are based on confessions.
He proposed a form of Garda bail, similar to the provisions in the Police and Criminal Evidence (PACE) laws in Britain. Under these a suspect can be released into "police bail" and detained for a maximum of 36 hours in actual police custody.
"This gives the police the freedom to check out matters arising from interviews; await forensic examination results; or arrange identification parades to suit witnesses who may be away or ill.
"The type of flexibility such powers would give to the Garda in conducting their enquiries is necessary and essential if serious crime is to be properly addressed."
Supt Monaghan also said the state needed a system of witness protection in cases where witnesses were required to give evidence against terrorists or professional criminals.
The association supported calls by the other Garda staff associations for the removal of the suspect's absolute right to silence under interrogation. It also sought reform of the "rule of exclusion", under which a law officer's error, no matter how technical, can be used in court to have charges thrown out of court.
The chief superintendent pointed out that, while gardai were being required to increase efficiency and effectiveness, the force now has some 575 fewer officers than it had in 1986.
There needed to be a "root and branch" audit of the entire criminal justice system and not just the Garda. He said the Garda was "without doubt the single most accountable public body in this State".
He also raised the issue of the strains between political considerations and the good management of the force, particularly in relation to unnecessarily keeping Garda stations open.
"Can the criteria of the Minister and that of the Garda manager be ever reconciled to provide a better service?
"For instance, is the keeping open of 704 Garda stations in this small country a good use of human resources? The Garda manager will say not, but I understand the Minister's difficulty in this area. If they must stay open, the public will have to adjust its expectations to the extent to which a visible uniform presence on the ground can be maintained.
"They must understand that manning buildings, many old and costly to maintain, is not preventing crime and is not good use of taxpayers' money.
"For example, in the Metropolitan Area, we have 42 stations open to the public 24 hours per day, every day of the year.
"Research has shown that if this figure was reduced to the 17 district headquarter stations in the city, with another 25 opening from, say, 8 a.m. to 10 p.m. daily, Monday to Saturday inclusive, it would make available a minimum of 4,200 additional man hours per week for patrolling the streets."