01/05/1926:

GARDA SIOCHANA (DISCIPLINE) REGULATIONS. 1926.

GARDA SIOCHANA (DISCIPLINE) REGULATIONS. 1926.

In exercise of the powers conferred on me by section 14 of the Police Forces Amalgamation Act, 1925 , and of all other powers enabling me in that behalf, 1, Caoimhghín O h-Uigín, Minister for Justice, with the approval of the Executive Council, do hereby make the following regulations:—

1.—Any member of the Force shall commit an offence against discipline if he is guilty of:—

(1) Discreditable Conduct, that is to say, if he acts in a disorderly manner or any manner prejudicial to discipline or likely to bring discredit on the reputation of the Force.

(2) Insubordinate or oppressive conduct, that is to say if he

(a) is insubordinate by word, act or demeanour, or

(b) is guilty of oppressive or tyrannical conduct towards an inferior in rank, or

(c) uses obscene, abusive or insulting language to any other member of the Force, or

(d) wilfully or negligently makes any false complaint or statement against any member of the Force, or

(e) assaults any other member of the Force, or

(f) overholds any complaint or report against any member of the Force.

(3) Disobedience to Orders, that is to say, if he disobeys or without good and sufficient cause omits or neglects to carry out the lawful commands or orders of a superior, written or otherwise.

(4) Neglect of Duty, that is to say, if he

(a) neglects or without good and sufficient cause omits promptly and diligently to attend to or carry out anything which is his duty, or

(b) idles or gossips while on duty, or

(c) fails to work his beat or to perform his patrol in accordance with orders, or leaves his beat, point, or other place of duty to which he has been ordered, without due permission or sufficient cause, or unnecessarily separates from any member of the Force with whom he is on duty, or

(d) by carelessness or neglect permits a prisoner to escape, or fails, without good and sufficient reason, to retain in custody any prisoner lawfully entrusted to him for detention, or

(e) fails, when knowing where any offender is to be found, to report the same promptly or to make due exertions for making him amenable to justice, or

(f) fails to report promptly any matter which it is his duty to report, or

(g) fails to report promptly anything which he knows concerning a criminal charge, or fails to disclose promptly any evidence which he, or any person within his knowledge can give for or against any prisoner or defendant in a criminal charge, or

(h) omits to make promptly any necessary entry in any official document or book, or

(i) negligently makes or signs any false, misleading, or inaccurate statement, return or certificate, or

(k) evinces continued apathy, neglect, indifference, or inefficiency in attending to, or discharging the duties of his rank.

(5) Falsehood or Prevarication, that is to say; if he

(a) knowingly makes or signs any false, misleading, or inaccurate statement, return or certificate, or

(b) knowingly procures the making or signing of any false, misleading, or inaccurate statement, return or certificate, or

(c) without good and sufficient cause destroys or mutilates any official document, record or book, or alters or erases any entry therein.

(6) Breach of Confidence, that is to say, if he

(a) divulges any matter which it is his duty to keep secret, or

(b) gives notice, directly or indirectly, to any person against whom any warrant, or summons has been or is about to be issued, except in the lawful execution of such warrant or service of such summons, or

(c) without proper authority communicates to the public press, or to any unauthorised person, any matter connected with the Force, or

(d) without proper authority shows to any person outside the Force any Official book or written or printed document, or

(e) makes any anonymous communication to any superior officer, Government Department or Official, or

(f) signs or circulates any petition or statement with regard to any matter concerning the Force except through the proper channel of correspondence to the Commissioner, or in accordance with the constitution of the Representative Bodies, or

(g) calls or attends any unauthorised meeting to discuss any matter concerning the Force.

(7) Corrupt Practice, that is to say, if he

(a) receives any bribe, or

(b) fails to account for promptly and accurately or to make a prompt and true return of any money or property received by him in his official capacity, or

(c) directly or indirectly solicits or receives any gratuity, present, subscription or testimonial, without the consent of the Commissioner, or

(d) places himself directly or indirectly under pecuniary obligations to any publican, beer retailer, spirit grocer, or any person who holds a licence concerning the granting or renewal of which the police may have to report or give evidence, or to the agent of any such person, or

(e) improperly uses his character and position as a member of the Force for his private advantage or the advantage of any other person or persons, or

(f) in his capacity as a member of the Force, writes, signs, gives or supports, without the sanction of the Commissioner, any testimonial of character or other recommendation with the object of obtaining employment for any person, or

(g) without the sanction of the Commissioner, supports an application for the grant of a licence or concession of any kind.

(8) Unlawful or Unnecessary exercise of Authority, that is to say, if he

(a) without good and sufficient cause makes any unlawful or unnecessary arrest, or

(b) uses any unnecessary violence to any prisoner or other person with whom he may be brought into contact in the execution of his duty, or

(c) is uncivil to any member of the public, or

(d) exceeds his duty in any manner to the prejudice of good order and discipline.

(9) Malingering, that is to say, if he feigns or exaggerates any sickness or injury with a view to evading duty.

(10) Absence without leave or being late for duty, that is to say, if he without reasonable excuse is absent without leave from, or is late for parade, Court or any other duty, or is absent without leave from his Division, District, Sub-District, or Station.

(11) Uncleanliness, that is to say, if he, while on duty is improperly dressed or is at any time dirty or untidy in his person, clothing, accoutrements, or bedding.

(12) Damage to clothing or other articles supplied, that is to say, if he

(a) wilfully or by carelessness or neglect causes any waste, loss, or damage to any article of clothing or accoutrement or to any official book, document or other property, served out to him or used by him or entrusted to his care, or

(b) wilfully or by carelessness or neglect causes any waste, loss, or damage to any article of public property, or

(c) fails to report promptly any loss or damage as above, however caused, or

(d) without proper authority, makes or procures any alteration or erasure of any official identification mark on any article of public property, or

(e) without the authority of the Commissioner, gives or lends to any person outside the Force, any article of public property issued for the use of the Force, or

(f) wilfully or negligently allows any article of public property issued for the use of the Force to pass into the possession of any unauthorised person, or

(g) knowingly or negligently takes, uses or borrows without authority any article of public property issued for the personal use of any other member of the Force.

(13) Damage to the private Property of fellow members, that is to say if he

(a) wilfully, carelessly or negligently causes any waste, loss or damage to any article of property belonging to any other member of the Force, or

(b) takes, carries away, borrows, or uses without the authority of the owner, any article of property belonging to any other member of the Force.

(14) Intoxication, that is to say, if he while on or off duty, shows as the result of consuming intoxicating liquor, the slightest departure from strict sobriety.

(15) Drinking or being in possession of or soliciting drink on duty, that is to say, if he

(a) without the consent of his superior officer, drinks or receives from any other person, or has in his possession any intoxicating liquor while he is on duty, or

(b) demands, or endeavours to persuade any other person to give him, or to purchase or obtain for him, any intoxicating liquor while he is on duty.

(16) Tippling or frequenting licensed premises.

(17) Irregularly entering licensed premises, etc., while on Duty, that is to say, if he enters while on duty any licensed premises, or any other premises where liquors are stored or distributed, when his presence there is not required in the execution of his duty.

(18) Communicating either directly or through some other person, with any public body, department or official, with the object of influencing, or modifying a decision regarding the punishment, promotion or transfer of himself or any other member of the Force.

(19) Expressing or manifesting political opinions.

(20) Influencing or attempting to influence, directly or indirectly, the vote of any elector at any Parliamentary or Local Government election.

(21) Lending money to any superior or borrowing or seeking to borrow from or accepting any present directly or indirectly from any inferior in rank, or inducing or seeking to induce any inferior in rank to become security for a loan or debt.

(22) Incurring and refusing or neglecting to pay any lawful debt, or becoming bankrupt, or seeking the protection of the Court from process at the suit of his creditors.

(23) Wearing any medal, badge or emblem without the authority of the Commissioner.

(24) Marrying without leave.

(25) Gambling.

(26) Violating any order or regulation issued by the Commissioner for the guidance of the Force.

(27) By concealment, or wilful omission or otherwise, attempting to evade the true spirit and meaning of the orders and regulations governing the Force.

(28) Conniving at or being knowingly an accessory to any offence against discipline.

(29) Any offence which is punishable on conviction whether summarily or on indictment.

2.—Any member of the Force who commits an offence against discipline shall be liable to one or more of the following disciplinary punishments, in addition to any other punishment to which he may be liable by law:—

(a) dismissal;

(b) being required to resign (as an alternative to dismissal);

(c) reduction in rank, or to a lower grade in existing rank;

(d) reduction in rate of pay;

(e) fine;

(f) transfer;

(g) reprimand;

(h) caution.

Every punishment awarded to a member of the Force except that of caution, shall be noted in his personal record.

3.—A reduction in pay, without reduction in rank, shall be limited to a definite period which shall be stated in the order by which the punishment is inflicted and shall not exceed 12 months, and at the end of the stated period the member concerned shall be advanced to the rate of pay to which he would have been entitled but for the punishment awarded him, unless the period of reduction has in the meantime been extended by way of punishment for a further offence against discipline. A reduction in pay, without reduction in rank or grade in rank, when awarded as a disciplinary punishment, shall not operate so as to reduce the pay of the member concerned below the minimum of the scale appropriate to his existing rank or grade in rank.

4.—The amount of a fine imposed by way of punishment for any offence shall not, save as hereinafter provided, exceed £10 in the case of an Inspector, Station Sergeant, Sergeant or Guard or £20 in the case of an officer (exclusive of the value of any public property lost, destroyed or damaged by him which he may be ordered to repay) and shall be recovered by stoppage of pay in amounts not exceeding £5 in any month, except in the event of the member concerned leaving the Force, when the whole amount of any fine then unpaid may be deducted from any pay then due: provided that where a member, who has not given the requisite notice, resigns or withdraws himself from the Force without having received previous permission to do so, or resigns or withdraws himself on a date prior to that fixed in such permission as the date for such retirement or withdrawal, he shall render himself liable to a disciplinary fine equivalent to the amount of any pay and allowances due to him at the date of his retirement or withdrawal, in addition to any other punishment to which he may be liable by law. For the purpose of this regulation a member who has absented himself from duty without authority for more than 14 days shall be deemed to have withdrawn himself from the Force.

5.—There shall be kept in each District Headquarters Office a District Disciplinary Report Book in which the District Officer shall enter, directly it comes to his knowledge, every report or complaint alleging the commission of an offence against discipline by any member of the Force stationed in his District (other than an anonymous allegation unsupported by evidence) together with particulars of the action taken by him thereon.

6.—There shall be kept in each Divisional Headquarters Office a Divisional Disciplinary Report Book in which the Divisional Officer shall enter, directly it comes to his knowledge, every report or complaint alleging the commission of any offence against discipline by any member stationed in his Division (other than an anonymous allegation unsupported by evidence) together with particulars of the action taken by him thereon. A similar Disciplinary Report Book shall be kept by the Chief Superintendent in charge of the Depot.

7.—Subject to the provisions of paragraphs 22 to 25 (inclusive) of these regulations, every member of the Force against whom a disciplinary charge is being preferred shall (unless the charge involves a criminal offence which is or will be the subject of proceedings before the Courts) be informed in writing, as soon as possible of the nature of the charge preferred against him. The written charge shall be set out on a form provided for that purpose (hereinafter referred to as the Misconduct Form) and shall disclose the particular offence or offences alleged, with such particulars of time and place as will leave the accused under no misapprehension as to the offence with which he is charged. The accused shall be directed to state in writing upon the Misconduct Form whether he admits or denies the charge. Such admission or denial must not be qualified in any way, but the accused shall be allowed to attach any explanation which he may wish to offer in writing. An offence against discipline will be aggravated by a denial of the charge.

8.—Subject to the provisions of paragraphs 23 to 25 (inclusive) of these regulations, where any serious disciplinary charge involving the possibility of dismissal, compulsory retirement, or degradation in rank, is brought against a member of the Force, and is denied, the Commissioner shall direct a sworn Inquiry to be held to inquire and examine on oath into the truth of the charge preferred. In such a case the procedure prescribed in paragraphs 9 to 16 hereof shall be followed.

9.—The Member nominated to hold the Inquiry (or, where more than one member is so nominated, the member nominated to preside at the Inquiry) shall be of a rank, or of a grade in rank, superior to that of the accused. Where the charge is preferred by a Chief Superintendent, a member serving in his Division shall not be nominated as a member of the Inquiry. Where a charge is preferred against a Chief Superintendent, a member of lower rank shall not be nominated as a member of the Inquiry.

10.—The accused shall be furnished, a reasonable time before the holding of a Sworn Inquiry, with

(a) the names of the members nominated to hold the Inquiry;

(b) the report or complaint on which the charge is founded, or a copy thereof;

(c) a list of witnesses in support of the charge; and

(d) a summary of the evidence available.

He shall be allowed to submit the names of any witnesses to material facts in relation to the charge whom he desires to be present, and such witnesses shall be ordered or summoned to attend. If, a reasonable time before the date fixed for the holding of the Inquiry, he objects to any member of the Inquiry and sets forth in writing the grounds of his objection the Commissioner shall consider his objection and decide thereon.

11.—Unless otherwise ordered by the Commissioner, the Superintendent of the District in which the offence is alleged to have been committed shall conduct the case in support of the charge. If the accused is an officer the Commissioner shall appoint an Officer to conduct the case in support of the charge.

12.—All proceedings at the Inquiry (except the deliberations of the members thereof) shall take place in the presence of the accused. Should, however, the accused decline or refuse to attend the Inquiry or leave the place where the Inquiry is being held without the permission of the member presiding, the Inquiry shall proceed in his absence, and he shall be deemed guilty of a disciplinary offence under paragraph 1 (2) (a) of these Regulations, and punished accordingly. The charge or charges shall be read aloud to the accused who shall be called upon to admit or deny them. If any charge is admitted, the admission shall be taken in writing and signed by the accused.

13.—All witnesses shall be required to give their evidence on oath. The evidence of each witness shall be taken down in writing. Witnesses in support of charges may be examined by the person conducting the case in support of the charge, and cross-examined by the accused, who may, with the prior consent of the Commissioner, have a Solicitor to assist him in examining or cross-examining witnesses or in preparing a written statement for his defence. When the evidence in support of the charges has been given, witnesses for the defence may be called, and they may be examined by the accused or his Solicitor and cross-examined by the member conducting the case in support of the charge. The accused shall not be required but shall be at liberty to give evidence. If he elects to give evidence he may be examined and cross-examined in the same manner as any other witness. He or his Solicitor shall not, however, be permitted otherwise to address the Inquiry, but he may hand in a statement in writing signed by him. After the close of the defence the member conducting the case in support of the charge may produce evidence to rebut any statements which may have been made by the accused or by witnesses for the defence. Any question which may arise as to the admissibility of any evidence tendered, or as to the propriety of any question proposed shall be decided by the member presiding, after consultation with the other member or members of the Inquiry. The evidence of each witness as taken down in writing shall, at the close of his examination be read to him by the member presiding and signed by the witness.

14.—A Sworn Inquiry may be adjourned by the member presiding if he considers such a course necessary or desirable.

15.—After all available evidence has been taken, the member presiding shall read to the members of the Inquiry the whole of the evidence given, and take the opinion of each member as to whether each of the charges has or has not been proved. This opinion he shall record by writing the words " Guilty " or " Not Guilty " as the case may be, the finding being signed by each member of the Inquiry. Any member dissenting from the opinion of the majority shall set forth his reasons in writing and sign the same. During these deliberations no person shall be present except the members nominated to hold the Inquiry. The record of the proceedings and the findings shall be forwarded by the member presiding to the Commissioner, either direct (if the Commissioner shall so instruct) or through the Chief Superintendent of the Division in which the Inquiry was held.

16.—The members of a Sworn Inquiry may be ordered by the Commissioner to re-assemble and reconsider their finding. At such re-assembly no witness shall be examined or additional evidence received.

17.—The provisions of paragraphs 9-15 of these Regulations shall not apply in the case of a Sworn Inquiry where a specific charge is not preferred against an individual member of the Force. In any such case disciplinary punishment based on the findings of the Inquiry may be awarded without compliance with the formalities prescribed in paragraphs 7 or 8 of these regulations.

18.—A member of the Force whose evidence before a Sworn Inquiry shall be of such a character, by reason of carelessness, inaccuracy, evasion, prevarication or incompleteness, as to be unsatisfactory in the opinion of the members of such Inquiry, shall be deemed guilty of an offence against descipline and may be punished accordingly.

19.—In the case of an alleged offence against discipline not involving dismissal, compulsory retirement or degradation in rank, the Commissioner, if satisfied that the charge is well founded, may award such disciplinary punishment as he considers appropriate. If, however, the Commissioner is not satisfied as to the guilt of the member concerned he may direct a Chief Superintendent to hold an Inquiry (not on oath). In such a case, the accused shall be allowed to state the names of any witnesses whom he desires to be present when the charge is being investigated. Any such witnesses who are members of the Force shall be ordered to attend, and any witnesses who are not members of the Force shall be given due notice that their attendance is desired, and of the time and place of the investigation. The accused shall be allowed to hear the evidence against him and to cross-examine the witnesses and to call and examine witnesses in his defence. He shall not be required but shall be at liberty to give evidence and he may hand in a statement in writing signed by him. The accused, if he elects to give evidence, and the witnesses for the defence may be examined by the Chief Superintendent holding the Inquiry. On the completion of the investigation the Chief Superintendent shall forward to the Commissioner a complete report thereof, together with his notes of the evidence and any statements handed to him, and he shall state whether in his opinion the accused is guilty or not guilty of the charges preferred against him.

20.—The decision of the Commissioner shall be written upon the Misconduct Form and as soon as possible notified to the accused who shall write on the Form his acknowledgment of his having read the decision.

21.—The Commissioner may delegate to Chief Superintendents the power of awarding punishment in cases of disciplinary offences not involving dismissal, compulsory retirement or degradation in rank where the offence is not denied: provided, however, that a Chief Superintendent shall not have power to order a reduction of pay in any case or to impose a fine exceeding £1 in respect of each offence. Any punishment so awarded by a Chief Superintendent shall be written upon the Misconduct Form and as soon as possible notified to the accused, who shall write on the Misconduct Form his acknowledgment of having read the decision. An award of punishment by a Chief Superintendent shall be immediately notified by him to the Commissioner to whom the accused shall have a right of appeal. If an appeal is found to be groundless or vexatious the member concerned will be liable to further punishment.

22.—The Commissioner may delegate to any Chief Superintendent the power to hold at regular intervals, in any area where large numbers of Gardai are stationed, an Orderly Room wherein the Chief Superintendent may investigate disciplinary charges and award punishments in accordance with such procedure and in respect of such offences against discipline (other than those involving dismissal, compulsory retirement or degradation in rank) as the Commissioner may, with the approval of the' Minister determine, provided, however, that a Chief Superintendent shall not have power to order a reduction in pay in any case or to impose a fine exceeding £1 in respect of any one offence. Any punishment so awarded by a Chief Superintendent shall be notified in writing as soon as possible to the accused who shall write his acknowledgment of his having read the decision. An award of punishment by a Chief Superintendent shall be immediately notified by him to the Commissioner, to whom the accused shall have a right to appeal. If an appeal is found to be groundless or vexatious. the member concerned will be liable to further punishment.

23.—Where any offence against discipline is discovered by the Commissioner or by a Deputy or Assistant Commissioner such offence may be dealt with and punished by the Commissioner without having recourse to the procedure prescribed by the foregoing regulations, but not until the accused member has been informed of the nature of the offence and has been given an opportunity of submitting such explanation as he may desire to offer.

24.—The Commissioner shall have power, without having recourse to the procedure prescribed in paragraphs 7 or 8 of these regulations, to dismiss from the Force any member (not being an officer) whom he considers unfit for retention in the force: provided however, that he shall not without the prior consent of the Minister exercise this power in the case of any member who has completed his period of probation.

25.—Nothing in these regulations shall limit or affect the powers of dismissal, removal or degradation of officers of the force conferred upon the Executive Council by the Police Forces Amalgamation Act, 1925 .

26.—The Commissioner shall have power to suspend from duty any member of the Force if he considers that the circumstances are such as to render that course necessary or desirable, and he may delegate to Chief Superintendents the power to suspend members of the Force subject, however, to such limitations and conditions as may be approved of by the Minister.

27.—The Commissioner may from time to time, subject to the approval of the Minister, make such orders as may be deemed necessary or desirable for the purpose of giving full force and effect to these Regulations.

28.—Anything authorised or required by these Regulations to be done by the Commissioner may be done by a Deputy or Assistant Commissioner of the Force authorised by him in that behalf.

29.—In these Regulations the expression "The Minister" means the Minister for Justice; the expression "The Commissioner" means the Commissioner of the Garda Siochana; the expression "the Force'' means the Garda Siochana.

30.—Paragraphs 8 to 29 (inclusive) of the Garda Siochana (Designations. Appointments and Discipline) Regulations, 1924, and all orders and regulations relating to Discipline made under Section 5 of the Dublin Police Act, 1836, are hereby revoked.

31.—These Regulations may be cited as the Garda Siochana (Discipline) Regulations, 1926.

Dated this 1st day of May, 1926.

C. O HUIGÍN,

Minister for Justice.