Garda Síochána (Discipline) Regulations, 1989

• Jurisdiction: Ireland

I, GERARD COLLINS, 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), and section 15 (5) of the Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986), hereby, with the approval of the Government, make the following Regulations:

Preliminary. 1. These Regulations may be cited as the Garda Síochána (Discipline) Regulations, 1989. 2. These Regulations shall come into operation on 1st June, 1989. 3. The Interpretation Act, 1937 (No. 38 of 1937), applies to these Regulations. 4. (1) In these Regulations—

"Appeal Board" means an Appeal Board appointed under Regulation 25;

"appointing officer" has the meaning assigned to it by Regulation 8 (2) and includes a member of the same or higher rank acting in the place of the appointing officer;

"breach of discipline" has the meaning assigned to it by Regulation 6;

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

"discipline form" has the meaning assigned to it by Regulation 10 (2) (b);

"inquiry" means an inquiry under Regulation 14;

"investigating officer" has the meaning assigned to it by Regulation 8 (1);

"member" means a member of the Garda Síochána other than the Commissioner or a deputy commissioner, if and whenever he is exercising or performing any power or duty of the Commissioner during his absence or incapacity, pursuant to an authorisation of the Minister under section 8 (2) of the Police Forces Amalgamation Act, 1925 ;

"member concerned" means the member who is believed to be, alleged to be or found to have been in breach of discipline;

"the Minister" means the Minister for Justice;

"presenting officer" has the meaning assigned to it by Regulation 18 (d);

"presiding officer" shall be construed in accordance with Regulation 15 (1).

(2) Functions of the Commissioner under these Regulations, other than functions relating to dismissal, requirement to resign as an alternative to dismissal and reduction in rank of a member, may be performed by a deputy commissioner or assistant commissioner authorised in that behalf by the Commissioner and references in these Regulations to the Commissioner shall be construed accordingly.

(3) A reference in these Regulations to a Regulation or the Schedule is to a Regulation of or the Schedule to 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, unless it is indicated that reference to some other Regulation or provision, as may be appropriate, is intended.

Transitional provision 5. Any proceedings in relation to a member which were commenced and are not concluded before the commencement of these Regulations may be continued as if these Regulations had not been made except that, in the event of a decision being made in those proceedings by an inquiry under the Garda Síochána (Discipline) Regulations, 1971 ( S.I. No. 316 of 1971 ), or by the Commissioner, the member shall be entitled to apply under and in accordance with Regulation 26 to have the decision reviewed by an Appeal Board and, accordingly, in such a case, the provisions of these Regulations relating to the hearing and determination by an Appeal Board of such applications shall, subject to any necessary modifications, apply.

Breach of discipline 6. An act or omission described in the Schedule shall be a breach of discipline and "in breach of discipline" shall be construed accordingly. 7. Nothing in these Regulations shall affect the right of the Commissioner or any other member 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.

Investigation 8. (1) Subject to Regulation 7, where it appears that there may have been a breach of discipline, the matter shall be investigated as soon as practicable by a member not below the rank of inspector (in these Regulations referred to as an investigating officer).

(2) An investigating officer shall be appointed by a member (in these Regulations referred to as an appointing officer) who is not below the rank of chief superintendent or who is a superintendent assigned to discharge the duties of a chief superintendent. 9. (1) As soon as practicable after his appointment, an investigating officer shall inform the member concerned in writing—

( a ) that it appears that the member concerned may have been in breach of discipline, and

( b ) that he is investigating the matter.

(2) Where it appears to an investigating officer that an alleged breach of discipline may constitute an offence, the law and practice applicable to the investigation of offences shall apply in relation to the investigation.

(3) An investigating officer shall carry out the investigation either, as he thinks fit, alone or with the assistance of such other members as he may determine.

Report of investigation 10. (1) Upon completion of an investigation under Regulation 8, the investigating officer shall as soon as may be submit to the appointing officer a written report of the investigation, together with copies of any statements made.

(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 form (in these Regulations referred to as 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 shall be in such form as the Commissioner shall from time to time approve.

Documents to be supplied to the member concerned 11. The member concerned shall be supplied with—

( a ) 2 copies of the relevant discipline form duly completed,

( b ) the names in writing of the witnesses whom it is proposed to call to furnish information before an inquiry relating to the matter and a copy of each statement intended to be used at any such inquiry,

( c ) particulars in writing of any other information intended to be so used, 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. (1) When being supplied 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 and any other particulars 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 he shall return one copy of the discipline form within 14 days of the date of its receipt by him, and

( e ) that he shall indicate on that copy his admission or denial of a breach of discipline and may, in the case of an admission of the breach of discipline alleged, indicate thereon that he wishes to have the breach dealt with in accordance with Regulation 13.

(2) Where a copy of the discipline form is not returned within the period aforesaid or is so returned without an indication thereon of admission or denial, the member concerned shall be taken to have denied the breach of discipline alleged.

Procedure where certain breaches of discipline admitted by member concerned 13. (1) An appointing officer may deal with a breach of discipline in accordance with this Regulation if the following conditions are complied with:

( a ) the member concerned has returned the discipline form within 14 days after receipt with an indication that he admits the breach of discipline alleged and wishes to have the breach dealt with in accordance with this Regulation, and

( b ) in the opinion of the appointing officer, the breach of discipline is such that it could appropriately be dealt with.

(2) The appointing officer may, after interviewing the member concerned and considering any statement made by him, decide to take one of the following disciplinary actions in relation to him:

( a ) reduction in pay not exceeding in amount one week's pay.

( b ) reprimand,

( c ) warning,

( d ) caution,

( e ) advice.

(3) The decision of the appointing officer shall be entered on the discipline form which shall thereupon be handed to the member concerned who shall note the decision thereon and return it to the appointing officer.

(4) A reduction in pay under paragraph (2) shall not, in respect of any breaches of discipline arising out of the same set of circumstances, exceed in amount one week's pay and the amount deducted in any one week shall not exceed 10 per cent. of weekly pay.

(5) If—

( a ) the appointing officer is of opinion that the breach of discipline could not appropriately be dealt with in accordance with this Regulation, or

( b ) during the interview, the member concerned indicates that he wishes to withdraw his admission of the breach of discipline,

the member concerned shall be supplied with two further copies of the relevant discipline form, Regulation 12 shall apply with the necessary modifications and the matter shall then be dealt with in accordance with Regulation 14, and that Regulation shall apply accordingly with the deletion of ", subject to Regulation 13,".

Inquiry 14. After the return of the discipline form or (when the form is not returned) the expiry of the period of 14 days referred to in Regulation 12 (1) (d), the appointing officer shall, subject to Regulation 13, forward to the...