Garda Síochána Act, 2005

JurisdictionIreland
CitationIR No. 20/2005


GARDA SÍOCHÁNA ACT 2005

2005 Number 20

AN ACT TO MAKE FURTHER AND BETTER PROVISION IN RELATION TO THE GARDA SÍOCHÁNA AND, IN PARTICULAR, TO CONSOLIDATE WITH AMENDMENTS CERTAIN ENACTMENTS RELATING TO THE GARDA SÍOCHÁNA, TO PROVIDE FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS COIMISIN OMBUDSMAN AN GHARDA SÍOCHÁNA OR, IN ENGLISH, THE GARDA SÍOCHÁNA OMBUDSMAN COMMISSION FOR THE PURPOSES OF ENSURING OPENNESS, TRANSPARENCY AND ACCOUNTABILITY IN THE PROCESS BY WHICH COMPLAINTS AGAINST THE GARDA SÍOCHÁNA ARE INVESTIGATED AND ALSO FOR THE ESTABLISHMENT OF A BODY TO BE KNOWN AS CIGIREACHT AN GHARDA SÍOCHÁNA OR, IN ENGLISH, THE GARDA SÍOCHÁNA INSPECTORATE FOR THE PURPOSE OF ACHIEVING AND MAINTAINING THE HIGHEST LEVELS OF EFFICIENCY AND EFFECTIVENESS IN THE OPERATION AND ADMINISTRATION OF THE GARDA SÍOCHÁNA, AND TO PROVIDE FOR RELATED MATTERS.

[10th July 2005]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:

1 Preliminary Matters

PART 1

Preliminary Matters

S-1 Short title.

1 Short title.

1.—This Act may be cited as the Garda Síochána Act 2005.

S-2 Commencement.

2 Commencement.

(1) This Act comes into operation on the day that the Minister may, by order, appoint.

(2) Different days may be appointed under this section, by one or more than one order, for different purposes or different provisions of this Act and, in relation to the repeals effected by section 4 , for the repeal of different provisions of the enactments referred to in Schedule 1 or for the repeal for different purposes of those enactments.

S-3 Interpretation.

3 Interpretation.

(1) In this Act, unless the context otherwise requires—

"Committee of Public Accounts" means the committee of Dil ireann established under the Standing Orders of Dil ireann to examine and report to Dil ireann on the appropriation accounts and reports of the Comptroller and Auditor General;

"complaint" means a complaint made under Part 4;

"Disciplinary Regulations" means—

(a) the 1989 Regulations, as amended under section 128 , for as long as they continue to be in force under that section, or

(b) any regulations in force under section 123 ;

"document" means any book, record or other written or printed material in any form, including information stored, maintained or preserved by means of any mechanical or electronic device, whether or not stored, maintained or preserved in legible form;

"establishment day" means the day appointed under section 63 ;

"Garda Commissioner" means the Commissioner of the Garda Síochána;

"functions" includes powers and duties and references to the performance of functions include, with respect to powers and duties, references to the exercise of the powers and the carrying out of the duties;

"joint policing committee" means a committee established under section 36 ;

"member", in relation to the Garda Síochána, means—

(a) a member of any rank (including the Garda Commissioner) appointed under Part 2 or under an enactment repealed by this Act, and

(b) a reserve member,

but does not include a member of the civilian staff of the Garda Síochána;

"Minister" means the Minister for Justice, Equality and Law Reform;

"Ombudsman Commission" means the Garda Síochána Ombudsman Commission established under section 64 ;

"prescribed" means prescribed by regulation;

"regulations" means regulations continued in force under this Act or made by the Minister under this Act;

"1989 Regulations" means the Garda Síochána (Discipline) Regulations 1989 ( S.I. No. 94 of 1989 );

"reserve member" means a person appointed under section 15 as a reserve member of the Garda Síochána.

(2) In this Act—

(a) a reference to a section, Chapter, Part or Schedule is to a section, Chapter or Part of, or a Schedule to, this Act, unless it is indicated that reference to some other enactment is intended,

(b) a reference to a subsection, paragraph or subparagraph is to the subsection, paragraph or subparagraph of the provision in which the reference occurs, unless it is indicated that reference to some other provision is intended, and

(c) a reference to any other enactment is to that enactment as amended by or under any other enactment, including this Act, unless the context otherwise requires.

S-4 Repeals.

4 Repeals.

4.—Each enactment specified in Schedule 1 is repealed to the extent specified in column (3) of that Schedule.

S-5 Expenses.

5 Expenses.

5.—The expenses incurred in respect of the Garda Síochána under this Act and any other expenses incurred in the administration of this Act shall, to such extent as may be sanctioned by the Minister for Finance, be paid out of money provided by the Oireachtas.

2 Garda Síochána

PART 2

Garda Síochána

Chapter 1

General

S-6 Continuation of Garda Síochána.

6 Continuation of Garda Síochána.

(1) The police force called the Garda Síochána continues in being under this Act as a police service.

(2) The Government may continue to maintain, equip and pay the Garda Síochána.

S-7 Function of Garda Síochána.

7 Function of Garda Síochána.

(1) The function of the Garda Síochána is to provide policing and security services for the State with the objective of—

(a) preserving peace and public order,

(b) protecting life and property,

(c) vindicating the human rights of each individual,

(d) protecting the security of the State,

(e) preventing crime,

(f) bringing criminals to justice, including by detecting and investigating crime, and

(g) regulating and controlling road traffic and improving road safety.

(2) For the purpose of achieving the objective referred to in subsection (1), the Garda Síochána shall co-operate, as appropriate, with other Departments of State, agencies and bodies having, by law, responsibility for any matter relating to any aspect of that objective.

(3) In addition to its function under subsection (1), the Garda Síochána and its members have such functions as are conferred on them by law including those relating to immigration.

(4) This section does not affect any powers, immunities, privileges or duties that members of the Garda Síochána have by virtue of any other enactment or at common law.

(5) This section is not to be taken to confer on any person a right in law that he or she would not otherwise have to—

(a) require the Garda Síochána to perform a function or provide a service referred to in this section or to desist from any action, or

(b) seek damages for a member of the Garda Síochána's performance of, or failure to perform, such function or for his or her provision of, or failure to provide, such service.

S-8 Prosecution of offences by members of Garda Síochána.

8 Prosecution of offences by members of Garda Síochána.

(1) No member of the Garda Síochána in the course of his or her official duties may institute a prosecution except as provided under this section.

(2) Subject to subsection (3), any member of the Garda Síochána may institute and conduct prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.

(3) In deciding whether to institute and in instituting or conducting a prosecution, a member of the Garda Síochána shall comply with any applicable direction (whether of a general or specific nature) given by the Director of Public Prosecutions under subsection (4).

(4) The Director of Public Prosecutions may give, vary or rescind directions concerning the institution and conduct of prosecutions by members of the Garda Síochána.

(5) Directions under subsection (4) may be of a general or specific nature and may, among other things, prohibit members of the Garda Síochána from—

(a) instituting or conducting prosecutions of specified types of offences or in specified circumstances, or

(b) conducting prosecutions beyond a specified stage of the proceedings.

(6) If a prosecution is instituted or conducted by a member of the Garda Síochána in the name of the Director of Public Prosecutions—

(a) the member is presumed, unless the contrary is proved, to have complied with this section and any applicable direction given by the Director under this section, and

(b) nothing done by the member in instituting or conducting the prosecution is invalid by reason only of the member's failure to comply with this section or that direction.

(7) Nothing in this section—

(a) precludes the Director of Public Prosecutions from, at any stage of the proceedings, assuming the conduct of a prosecution instituted by a member of the Garda Síochána, or

(b) authorises a member of the Garda Síochána to institute a proceeding without the consent of the Director of Public Prosecutions if an enactment prohibits the institution of that proceeding except by or with the Director's consent.

(8) For the purpose of this section—

(a) a direction is of a general nature if it relates to a class of prosecutions, and

(b) a direction is of a specific nature if it relates to the prosecution of a person for a specific offence.

Chapter 2

Personnel and Organisation

S-9 Appointment of Garda Commissioner.

9 Appointment of Garda Commissioner.

(1) The appointment of a person to be the Commissioner of the Garda Síochána shall be made by the Government.

(2) Subject to section 11 , the person who, on the commencement of this section, holds the office of Garda Commissioner, continues in office in accordance with the terms and conditions of his or her appointment.

S-10 Appointment of Deputy and Assistant Garda Commissioners.

10 Appointment of Deputy and Assistant Garda Commissioners.

(1) The Government may appoint, subject to and in accordance with the regulations, such numbers of persons as the Government see fit to the ranks of Deputy Garda Commissioner and Assistant Garda Commissioner in the Garda Síochána.

(2) Subject to section 11 , a person who, on the commencement of this section, holds the office of Deputy Garda Commissioner, continues in office in accordance with the terms and conditions of his or her appointment.

(3) Subject to section 11 , a person who, on the commencement of this section, holds the office of Assistant Garda...

To continue reading

Request your trial