Garda Síochána (Discipline) Regulations, 2007

• Jurisdiction: Ireland
• Citation: IR SI 214/2007
• Year: 2007

STATUTORY INSTRUMENTS
S.I. No. 214 of 2007
Garda Síochána (Discipline) Regulations 2007
I, Michael McDowell, Minister for Justice, Equality and Law Reform, in exercise of the powers conferred on me by section 123 of the Garda Síochána Act 2005 (No. 20 of 2005), after consulting with the Commissioner of the Garda Síochána and with the approval of the Government, hereby make the following regulations:
PART 1 Preliminary
	Short title	1. These regulations may be cited as the Garda Síochána (Discipline) Regulations 2007.
	Commencement	2. These regulations come into operation on 1 June 2007.
	Interpretation	3. (1) In these regulations -
“act” includes omission, and references to the doing of an act include references to the making of an omission;
“Act” means the Garda Síochána Act 2005;
“appointing officer” has the meaning given to it in Regulation 14(2);
“breach of discipline” has the meaning given to it by Regulation 5 and “in breach of discipline” is to be construed accordingly;
“Commissioner” means -
(a) the Commissioner of the Garda Síochána,
(b) a deputy commissioner, or an assistant commissioner, when performing functions of the Commissioner in accordance with an authorisation in that behalf under section 32, or
(c) a member not below the rank of chief superintendent, when performing any of the Commissioner's functions under these regulations that have been duly delegated to him or her.
“deciding officer” means a member appointed under Regulation 14(1).
“disciplinary action” means a disciplinary action specified in Regulation 10, 14(3) or 22;
“disciplinary proceedings” means any informal process, interview, investigation, inquiry, review, or appeal, conducted in accordance with these regulations;
“interview” means an interview referred to in Part 2;
“informal process” means any process for the informal resolution of minor breaches of discipline in accordance with Regulation 10;
“member” means -
(a) a member of the Garda Síochána, except the Commissioner,
(b) a reserve member, and
(c) a seconded member of the Police Service of Northern Ireland;
“member concerned” means a member who is believed to be, alleged to be or found to have been in breach of discipline;
“Minister” means the Minister for Justice, Equality and Law Reform;
“reserve member” means a person appointed as a reserve member of the Garda Síochána under section 15.
(2) References in these regulations to a section are references to a section of the Act.
	Taking account of record of service, etc.	4. Where the imposition of a disciplinary sanction is being considered in disciplinary proceedings -
(a) due regard shall be had to the record of service, previous conduct and circumstances of the member concerned and to any other relevant matter,
(b) submissions may be received from any person for that purpose, and
(c) the member concerned and any person accompanying the member at the proceedings shall be given an opportunity to make oral or, where appropriate, written submissions with regard to such matters.
	Breach of discipline	5. Any act or conduct by a member which is mentioned in the Schedule constitutes a breach of discipline.
	Restriction on delegation by Commissioner of functions under these regulations	6. (1) A delegation in writing by the Commissioner in accordance with section 31 of any functions to which this regulation applies may be made only to a member, or members of a specified rank, not below the rank of chief superintendent.
(2) Such a delegation may be made subject to any such terms, conditions or restrictions as may be determined by the Commissioner.
(3) This regulation applies to any of the Commissioner's functions under these regulations except those relating to dismissal, a requirement to retire or resign as an alternative to dismissal or a reduction in rank.
	Suspension of member	7. (1) Where, in the opinion of the Commissioner, the circumstances render such a course desirable in the interests of the Garda Síochána, he or she may suspend a member from duty.
(2) A member so suspended remains suspended until the Commissioner decides that the suspension should cease.
(3) The Commissioner shall review the suspension of a member every 3 months or at such shorter intervals as he or she considers necessary, but any non-compliance with this paragraph does not of itself invalidate a suspension.
(4) A member to whom the function of suspending a member is delegated by the Commissioner may not suspend a member for a period exceeding 10 days, but the Commissioner may extend the suspension.
(5) A member who is suspended and is required by the Commissioner or the Government, as the case may be, to retire or resign as an alternative to dismissal, remains suspended during the period of any notice of retirement or resignation that may be given.
	Disciplinary proceedings and any related criminal proceedings.	8. (1) Disciplinary proceedings may be taken against a member under these regulations notwithstanding that proceedings for an offence have been or may be instituted against the member arising out of the same circumstances.
(2) Where a member has been acquitted on the merits of an offence, proceedings under these regulations for an alleged breach of discipline shall not be commenced or, if already commenced, continued if -
(a) the proceedings would involve conducting an inquiry into the same issues in respect of which the member was so acquitted, and
(b) in all the circumstances of the particular case and their cumulative effect, it would be unfair and oppressive to commence or continue the proceedings.
(3) Where the District Court, without proceeding to a conviction, finds the facts alleged in a criminal charge to have been proved against a member, the Government, the Commissioner, a board of inquiry or an Appeal Board is entitled to rely on the finding as conclusive.
(4) Any information, document or thing which the member concerned is required to provide or produce in disciplinary proceedings and which is related to and used for the purposes of such proceedings is not admissible in criminal proceedings, unless provided or produced by the member in those proceedings.
(5) The content of paragraph (4) shall be explained in ordinary language to the member concerned by the person or body conducting the disciplinary proceedings.
	Standard of proof	9. In any disciplinary proceedings proof of a breach of discipline is to be established on the balance of probabilities.
	Informal resolution of minor breaches	10. Notwithstanding anything in these regulations, a member whose duties include the supervision of another member may deal informally with a minor breach of discipline by that other member, whether by advice, caution or warning, as the circumstances may require.
	Reports or statements by board of inquiry or Appeal Board to be privileged	11. For the purposes of the law of defamation -
(a) utterances by a member of a board of inquiry or an Appeal Board, and
(b) statements in reports or other documents prepared by such a member or an Appeal Board,
in the performance of functions under these regulations are privileged, wherever and whenever published.
	Obligation to answer truthfully in disciplinary proceedings	12. Any person (including the member concerned) who is required to attend disciplinary proceedings -
(a) shall answer fully and truthfully any question put during the proceedings, and
(b) if so requested by a person conducting the proceedings, shall sign a declaration as to the truth of his or her answer to any such question.
	Transitional provision	13. Any proceedings in relation to a member under the Garda Síochána (Discipline) Regulations 1989 (S.I. No. 94 of 1989) which were commenced but not concluded before the commencement of these regulations may be continued as if these regulations had not been made.
PART 2 Less serious breaches of discipline
	Appointment of deciding officer	14. (1) Where -
(a) it appears that a member may be in breach of discipline and subject to one of the disciplinary actions specified in paragraph (3), and
(b) the breach is not being dealt with under Regulation 10,
a member not below the rank of superintendent (in these regulations referred to as a “deciding officer”) shall be appointed to investigate the alleged breach and interview the member concerned.
(2) The appointment shall be made by a member (in these regulations referred to as an “appointing officer”) who is not below the rank of chief superintendent.
(3) The following disciplinary actions are specified for the purposes of paragraph
(1):
(a) reduction in pay not exceeding 2 weeks' pay,
(b) reprimand;
(c) warning;
(d) caution, or
(e) advice.
(4) A reduction in pay under paragraph 3(a) shall not, in respect of any breaches of discipline arising out of the same set of circumstances, exceed 2 weeks' pay, and the amount deducted in any one week shall not exceed 10 per cent of weekly pay.
(5) The appointing officer shall ensure that the deciding officer has not been involved in any capacity in relation to an earlier aspect of the case.
(6) Subject to paragraph (7), the deciding officer may, before or during an interview with the member concerned or during any adjournment of such an interview, undertake any enquiries, and adopt any procedures, that he or she considers necessary, with a view to, in particular -
(a) establishing the facts of the matter under investigation, and
(b) identifying or resolving any conflicts or differences that may come to light during the investigation.
(7) The deciding officer may direct a member not below the rank of inspector to undertake any of the enquiries mentioned in paragraph (6).
	Notice of interview	15. (1) The deciding officer shall send to the member concerned a notice specifying the time, date and...