Garda Síochána (Complaints) Act, 1986
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Appeals to Appeal Board. |
11.—(1) A member may 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 from both. | |
(2) The Appeal Board may— | ||
(a) affirm or set aside a decision of a tribunal finding a member to be in breach of discipline or set aside such a decision and find that the member concerned was in breach of discipline otherwise than as found by the tribunal, | ||
(b) if a member has appealed from a decision of a tribunal finding him to be in breach of discipline but has not appealed from a decision of the tribunal in relation to the same matter that specified disciplinary action should be taken against him, set aside the decision, and decide that any disciplinary action specified in section 9 (4) of this Act other than that specified in the decision of the tribunal should be taken against the member, | ||
(c) in relation to an appeal by a member from a decision of a tribunal that specified disciplinary action should be taken against him, affirm or set aside the latter decision or set aside the decision and decide that any disciplinary action specified in section 9 (4) of this Act other than that specified in the opinion of the tribunal should be taken against the member, | ||
(d) affirm a decision of a tribunal that disciplinary action should not be taken against a member or decide in any such case that any disciplinary action specified in the said section 9 (4) should be taken against a member. | ||
(3) (a) A decision of the Appeal Board under subsection (2) of this section (whether affirming a decision of a tribunal or otherwise) that a member above the rank of inspector should be dismissed from the Garda Síochána shall be communicated by the Appeal Board to the Minister and by him to the Government and shall also be communicated by the Appeal Board to the Commissioner. | ||
(b) A decision of the Appeal Board under the said subsection (2) (whether affirming a decision of a tribunal or otherwise) that a member not above the rank of inspector should be dismissed from the Garda Síochána or that any other disciplinary action should be taken against a member of any rank shall be communicated by the Appeal Board to the Commissioner. | ||
(4) The Commissioner shall have power to implement decisions referred to in paragraph (b) of subsection (3) of this section and those decisions shall be implemented in accordance with their terms under the power aforesaid and decisions referred to in paragraph (a) of the said subsection (3) shall be implemented in accordance with their terms under section 7 (2) or 10 (4), as may be appropriate, of the Act of 1925. |