Garda Headquarters fears suspects charged with crimes this week, including murder, may later seek to derail their prosecutions on grounds they had no access to legal advice after their arrest. The risk arises because solicitors who normally carry out criminal legal aid work have withdrawn their services in a row over a new fees payment model.Garda Headquarters has issued guidance to members of the force urging extreme caution while the solicitors’ action continues.The withdrawal of services led to hundreds of criminal cases in courts nationwide being adjourned on Wednesday. The action continues on Thursday and Friday and seems set to intensify next week. Garda sources said suspects may seek to derail prosecutions by arguing any statements made by them in custody cannot be used in evidence against them because their right to access a solicitor’s advice was denied.Gardaí have been told to clearly inform a suspect of their right to consult a solicitor, to make full efforts to secure a lawyer for them and to clearly document those efforts.Garda sources said once those steps are followed suspects could continue to be arrested and charged, even where solicitors could not be engaged to advise them. The Director of Public Prosecutions has long instructed the Garda to offer suspects the opportunity to have a solicitor present while being questioned and to make the necessary arrangements if required.[ Hundreds of criminal cases adjourned as solicitors withdraw services in legal aid rowOpens in new window ]The Irish Times has learned senior officers in Dublin last week flagged with Garda Headquarters their concerns about possible risks arising from the solicitors’ withdrawal of services. The risks became clear when many solicitors in Dublin and elsewhere refused to take on clients charged and due to appear before the District Courts over last weekend. Advice was then issued to Garda managers to ensure members who dealt with suspects in custody can prove they were informed of their right to consult a solicitor and gardaí made very comprehensive efforts to find a solicitor for them.Garda sources said lack of access to a lawyer while in custody may lead to the courts finding that continuing a prosecution is unsafe or statements made in custody cannot be used.In reply to queries, Garda Headquarters said in a statement Garda management was “aware of this issue and issued guidance to senior managers”. “Garda management is closely monitoring the situation to assess any impact on policing services,” it said. The Garda force “does not have any oversight role regarding the legal aid scheme”, responsibility for which lies with the Department of Justice and the Legal Aid Board, it added.The withdrawal of services is in response to the department’s proposed new payments model for criminal legal aid cases in the District Courts.The action affects criminal cases in all court divisions, except those involving accused persons in custody, juveniles and priority sexual offence cases involving young people. It was organised by an ad-hoc group of criminal law solicitors after a meeting last week of more than 150 solicitors. The Law Society of Ireland, the solicitors’ professional representative body, urged “meaningful” discussions with the department about its proposals, due to come into effect on July 1st. A meeting of the Southern Law Association in Cork on Wednesday resolved to withdraw all legal services in criminal cases in Cork from Monday.The withdrawal will continue until the department engages “meaningfully” with the Law Society, Cork solicitor Frank Buttimer said. “Lawyers, judges, guards, witnesses, victims, clients, no one wants this, only the Department of Justice who are guillotining any form of discussion.”The department’s proposals involve replacing the current payments system based on appearances with a single flat-fee for representation from the start to the end of a case. It follows an internal department review that noted criminal legal aid spending in the District Court rose from €19 million in 2015 to €37 million in 2024.The review said the current fees structure incentivises solicitors to seek multiple hearings and referred to particular claims, including by one firm seeking €14,000 over 63 legal aid certificates concerning 63 charges against a man of alleged brothel keeping.