Garda Síochána (Compensation) Act 2022
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False statements, etc. | ||
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26. (1) A person who— | ||
(a) makes any statement or representation (whether written or oral) which is, to his or her knowledge, false or misleading in any material respect or is reckless as to whether such statement or representation is false or misleading, or | ||
(b) furnishes or causes or knowingly allows to be furnished, any document or information which he or she knows to be false or misleading in a material respect or is reckless as to whether such document or information is so false or misleading, | ||
in relation to— | ||
(i) an application for initial assessment, or | ||
(ii) an application to which section 19 refers, | ||
commits an offence. | ||
(2) Where a person commits an offence referred to in subsection (1) in relation to an application referred to in subsection (1)(i), the Garda Commissioner shall determine that the application shall be rejected, unless, for reasons that he or she shall state in writing, the rejection of the application would result in injustice being done. | ||
(3) Where a court enters a conviction in a case set out in subsection (1), the court may in the same proceedings order the person who committed the offence to repay to the Garda Commissioner so much of— | ||
(a) any compensation awarded to and received by that person in accordance with this Act (including the Act of 2003 as applied by section 19 ), or | ||
(b) a payment of compensation received by that person on foot of a settlement with the Garda Commissioner or with any person entitled, by or under any enactment, to act on behalf of the Garda Commissioner, | ||
as the court directs. | ||
(4) Moneys received by the Garda Commissioner pursuant to subsection (3) shall be paid into, or disposed of for the benefit of, the Exchequer in such manner as the Minister for Public Expenditure and Reform directs. | ||
(5) A person who commits an offence under subsection (1) shall be liable— | ||
(a) on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or to both, or | ||
(b) on conviction on indictment, to a fine not exceeding €15,000 or to imprisonment for a term not exceeding 3 years, or to both. |