Garda Síochána (Discipline) Regulations, 1971

• Jurisdiction: Ireland
• Year: 1971
• Citation: IR SI 316/1971

I, DESMOND O'MALLEY, Minister for Justice, in exercise of the powers conferred on me by section 14 of the Police Forces Amalgamation Act, 1925 (No. 7 of 1925), hereby, with the approval of the Government, make the following regulations:
	1 Preliminary	1. These regulations may be cited as the Garda Síochána (Discipline) Regulations, 1971.
	2 ..	2. The Interpretation Act, 1937 (No. 38 of 1937), applies to these regulations.
	3 ..	3. These regulations shall come into operation on the 8th day of December, 1971.
	4 ..	4. The Garda Síochána (Discipline) Regulations, 1926, and the Garda Síochána (Discipline) Regulations, 1942 (S.R. & O., No. 254 of 1942), are hereby revoked.
	5 ..	5. (1) In these regulations—
"Appointing Officer" has the meaning assigned to it by regulation 8 and includes an officer of the same or higher rank acting in the place of the Appointing Officer and, for the purpose of regulation 8, includes a Superintendent of the Garda Síochána while assigned to discharge the duties of a Chief Superintendent in a particular Garda division;
"the Commissioner" means the Commissioner of the Garda Síochána;
"the Force" means the Garda Síochána;
"inquiry" means an inquiry under regulation 13;
"Investigating Officer" has the meaning assigned to it by regulation 8 and includes an officer nominated under regulation 16 (d);
"the member concerned" means the member of the Garda Síochána who is believed to be, alleged to be or found to have been in breach of discipline;
"the Minister" means the Minister for Justice;
"officer" means a member of the Garda Síochána of the rank of Superintendent or of higher rank and includes a member of the Garda Síochána of the rank of Inspector while assigned to discharge the duties of a Superintendent in a particular Garda district.
(2) A reference in these regulations to a regulation or Schedule is to a regulation or Schedule of these regulations and a reference to a paragraph or subparagraph is to a paragraph or subparagraph in the regulation or paragraph, as the case may be, of these regulations in which the reference occurs.
	6 Breach of Discipline	6. An act or omission described at a reference number in the Schedule shall be a breach of discipline and "in breach of discipline" shall be construed accordingly.
	7 ..	7. Nothing in these regulations shall affect the right of the Commissioner or any other member of the Force whose duties include the supervision of another member to deal informally (whether by advice, admonition or warning as the circumstances may require) with a breach of discipline of a minor nature.
	8 Investigation	8. (1) Subject to regulation 7, where it appears that there may have been a breach of discipline, the matter shall be investigated by an officer who is in these regulations referred to as an Investigating Officer.
(2) An Investigating Officer shall be an officer who is appointed to be an Investigating Officer by an officer who is of a rank not lower than Chief Superintendent and is in these regulations referred to as the Appointing Officer.
	9 ..	9. As soon as practicable after his appointment an Investigating Officer shall inform in writing the member concerned—
(a) that it appears that the member concerned may have been in breach of discipline,
(b) that the Investigating Officer is investigating the matter,
(c) that the member concerned is not required to make any statement relating to the matter but that if he wishes to make such a statement he may make it in writing, and
(d) that any statement made under paragraph (c) may be used in any inquiry under these regulations relating to the matter.
	10 Report of Investigation	10. (1) Upon completion of an investigation under regulation 8 an Investigating Officer shall submit to the Appointing Officer a written report of the investigation, together with any statements (or copies thereof) made under regulation 9.
(2) Upon receipt of a report under this regulation the Appointing Officer shall without avoidable delay—
(a) decide whether or not to continue the proceedings under these regulations and
(b) if he decides to continue the proceedings, cause to be entered on a Discipline Form such particulars of the breach of discipline alleged as will leave the member concerned in no doubt as to the precise nature of it.
(3) A Discipline Form may be in such form as the Commissioner shall from time to time approve.
	11 Documents to be Supplied to the Member Concerned	11. The member concerned shall be supplied with—
(a) two copies of the relevant Discipline Form duly completed,
(b) a copy of each statement intended to be used in an inquiry relating to the matter,
(c) particulars of any other information intended to be used in an inquiry relating to the matter, and
(d) an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the investigation, which may be favourable to the member concerned and of which he may be unaware.
	12 ..	12. (1) When being furnished with the documents referred to in regulation 11 the member concerned shall be informed in writing—
(a) that he may admit or deny the breach of discipline alleged,
(b) that he may admit that the statements supplied under regulation 11 are wholly or partly true but deny that the facts stated therein constitute a breach of discipline,
(c) that he may deny the breach of discipline alleged but admit that the facts constitute another breach of discipline,
(d) that a denial under subparagraph (a), (b) or (c) shall not adversely affect him, and
(e) that he may return within 14 days of the date of its receipt by him one copy of the Discipline Form with an indication thereon of admission or denial of a breach of discipline.
(2) Where a copy of the Discipline Form is not returned within the period aforesaid the member concerned shall be taken to have denied the breach of discipline alleged.
	13 Inquiry	13. After the return of the Discipline Form or (where the Form is not returned) the expiry of the 14-day period referred to in regulation 12, the Appointing Officer shall, without avoidable delay, forward to the Commissioner all the documents in his possession relating to the breach of discipline alleged and the Commissioner (unless he decides not to continue the proceedings) shall cause an inquiry to be held into the breach of discipline alleged.
	14 ..	14. (1) (a) An inquiry shall be held either by one officer or three officers, appointed for that purpose by the Commissioner.
(b) In case one officer only is so appointed, he shall be of a rank not lower than Chief Superintendent and references in these regulations to the Presiding Officer shall in such case be taken as references to such officer.
(c) In case three officers are so appointed, one at least shall be of a rank not lower than Chief Superintendent and the senior officer of those appointed shall be the Presiding Officer.
(2) Not later than 21 days before the date of the inquiry the member concerned shall be notified in writing of the date of the inquiry and of the names of the officers appointed to hold it.
(3) The date of the inquiry may be altered but shall not be altered so as to abridge the period of notice mentioned in paragraph (2) unless the member concerned agrees.
(4) (a) The member concerned may submit not more than three objections, each of which shall relate to a specified officer, to the membership of the inquiry and one such objection may be made without giving reasons therefor.
(b) An objection (and the reasons therefor where reasons are required) shall be submitted by the member concerned not later than 7 days after the receipt by him of the name of the officer to whom the objection relates.
(c) Where only one objection is made, the Commissioner shall allow the objection and shall substitute another officer for the officer objected to and, where more than one objection is made, the Commissioner shall allow that in respect of which reasons are not required and may at his discretion allow or disallow the other objection or objections, and, where the Commissioner substitutes another officer for an officer objected to, an objection may, subject to sub-paragraph (a), be made in respect of an officer so substituted.
	15 ..	15. (1) Where before the hearing of an inquiry it appears to the Presiding Officer that particular information relating to the breach of discipline alleged is not likely to be disputed, he may request the Investigating Officer and the member concerned to agree that there is no such dispute and, in the event of such agreement, a statement in writing of such information shall be admissible at the inquiry and the information shall not be required to be given orally.
(2) Not later than 14 days before the date of the inquiry the Presiding Officer shall notify in writing any persons whose attendance at the inquiry is, in his opinion, required in order to establish the material facts.
(3) Where it appears to the Presiding Officer that any particular fact may be established by more than one person, it shall not be necessary for him to give a notification under paragraph (2) to more persons than he considers sufficient to establish that fact, but an inquiry may on its own initiative or at the request of the member concerned or the Investigating Officer, call for examination at the inquiry such other or others of the persons aforesaid as it considers necessary.
(4) In the case of an inquiry at which information is to be given on oath the notification under paragraph (2) to a person who is not a member of the Force shall be by summons.
	16 Procedure at Inquiry	16. The following provisions shall apply to an inquiry:—
(a) Where, in the opinion of the Commissioner, the breach of discipline alleged is of so serious a nature as to warrant it and the...