S.I. No. 192/1988:

GARDA SÍOCHÁNA (COMPLAINTS) (APPEAL BOARD PROCEDURE) RULES, 1988.

GARDA SÍOCHÁNA (COMPLAINTS) (APPEAL BOARD PROCEDURE) RULES, 1988.

The Garda Síochána Complaints Appeal Board, by virtue of the powers conferred upon it by paragraph 10 of the Third Schedule to the Garda Sióchána (Complaints) Act, 1986 (No. 29 of 1986), hereby makes the annexed rules.

Dated this 29th day of July, 1988.

I consent to the making of the annexed rules.

Dated this 29th day of July 1988.

GERARD COLLINS,

Minister for Justice.

S.I. No. 192 of 1988.

GARDA SIÓCHÁNA (COMPLAINTS) (APPEAL BOARD PROCEDURE) RULES, 1988.

1. In these rules--

"the Act" means the Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986);

"the Appeal Board" means the Garda Síochána Complaints Appeal Board established under section 10 of the Act;

"the Board" means the Garda Síochána Complaints Board;

"chief executive" means the chief executive of the Board or such other officer of the Board as may be authorised by the chief executive, with the consent of the Board, to act on his behalf or who may be designated by the Board to perform the functions of the chief executive during his temporary absence;

"complainant" means a person who was directly affected by or witnessed the conduct alleged in the complaint and who made the complaint in person or through another person in accordance with section 4 (1) (a) of the Act;

"tribunal" means a tribunal appointed by the Board under section 8 (1) of the Act.

2. A member of the Garda Síochána who proposes to appeal to the Appeal Board from a decision of a tribunal finding him to be in breach of discipline or a decision of a tribunal that disciplinary action should be taken against him or both shall, within 21 days of the date on which the decision was announced, notify in writing the Appeal Board of his intention to appeal specifying

(a) the decision or decisions from which he is appealing, and,

(b) in the case of each such decision, the grounds for the Appeal.

3. The Appeal Board shall cause the chief executive, the complainant or, where the complainant made the complaint through another person, the person through whom it was made, the Commissioner of the Garda Sióchána and, where the decision is that a member above the rank of inspector should be dismissed from the Garda Síochána, the Minister for Justice, to be furnished with a copy of any notification received under rule 2.

4. Where the chief executive is notified of an appeal under rule 3 he shall, as soon as may be and not later than 21 days before the sitting of the Appeal Board, furnish a copy of the record made pursuant to Paragraph 12 (k) of the Second Schedule to the Act to the Appeal Board and to the member concerned.

5. At any time after the record of the tribunal proceedings has been furnished pursuant to rule 4, the Appeal Board may request the member concerned or the chief executive to submit in writing, within a specified period, a summary of any submissions to be made by them or on their behalf at the sitting of the Appeal Board.

6. The Appeal Board may, as it thanks fit, request the tribunal to furnish observations on any matter arising on the record of the tribunal proceedings furnished to it under rule 4.

7. (1) The member concerned may at any time before the commencement of the hearing of an appeal brought by him withdraw the appeal in whole or in part by notifying the Appeal Board in writing of his intention to do so and shall specify in the notification the decision or decisions to which the withdrawal relates;

(2) On receiving a notification pursuant to paragraph (1) the Appeal Board shall cause the persons notified of the appeal pursuant to rule 3 to be notified of it.

8. The Appeal Board shall fix a date for the sitting of the Appeal Board and, not later than 21 days beforehand, notify that date in writing to the complainant or, where the complainant made the complaint through another person, the person through whom it was made, the member concerned, the chief executive and any other person whose attendance at the sitting is required.

9. Any document to be supplied to a member under rules 4, 5 and 8 shall be sent by registered post or delivered to him in person.

10. Sittings of the Appeal Board to hear submissions, to take evidence and to announce a decision or decisions shall be held in private and the following persons shall be entitled to be present--

(a) the member concerned and, if he is not presenting his case in person, another member or his legal representative,

(b) the complainant and, where the complainant made the complaint through another person, the person through whom it was made,

(c) the chief executive and such other members of the Board's staff as may be necessary, and

(d) such other persons as the Appeal Board may agree should attend.

11. An application to allow evidence which was not given at the tribunal to be presented at the hearing of the appeal shall be made at the hearing of the appeal.

12. (1) The Appeal Board may determine whether evidence at a sitting shall be given on oath.

(2) Where the Appeal Board determines that evidence at a sitting shall be given on oath, the oath shall be administered by the chairman of the Appeal Board.

13. At a stting of the Appeal Board the member concerned may present his case in person, through another member or through a solicitor or barrister.

14. Witnesses may be examined before the Appeal Board by the Appeal Board and by or on behalf of the chief executive and the member concerned.

15. Where, because of the absence of the member concerned, complaince with the requirement of these rules is not possible, proceedings may take place notwithstanding such non-compliance if the Appeal Board is satisfied that this is reasonable in all the circumstances.

16. Where, because of the absence of the member concerned or of a witness, or for any other reason, the Appeal Board is satisfied that a sitting of the Appeal Board should be adjourned, the chairman of the Appeal Board may adjourn the sitting to a specified date and, in a case where the member concerned or a witness is absence, shall, if practicable, cause that member or witness to be duly notified of the adjournment.

17. (1) A decision of the Appeal Board may be that of the majority of its members.

(2) The chairman shall announce a decision of the Appeal Board at a sitting of the Appeal Board.

18. A sufficient record shall be made of the proceedings at sittings of the Appeal Board.

19. The Appeal Board shall cause a record of the decision or decisions of the Appeal Board to be sent to the Board, the member concerned, the complainant or, where the complainant made the complaint through another person, the person through whom it was made, the Commissioner of the Garda Sióchána and, in the case of a decision that a member above the rank of inspector should be dismissed from the Garda Síochána, the Minister for Justice.

20. Any issue arising in relation to the procedures to be adopted by the Appeal Board in dealing with any appeal referred to it by a member which is not covered by the Act or these rules shall be determined by the Appeal Board.

21. These rules may be cited as the Garda Síochána (Complaints) (Appeal Board Procedure) Rules, 1988.

EXPLANATORY NOTE.

These rules determine the procedure for appeals to the Garda Sióchána Complaints Appeal Board.