|
|
|
Prosecution of offences by members of An Garda Síochána
|
| |
10. (1) A member of An Garda Síochána in the course of his or her official duties shall not institute a prosecution except as provided under this section.
|
|
| |
(2) Subject to subsection (4), any member of An Garda Síochána may institute or conduct prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.
|
|
| |
(3) Where a prosecution is instituted by a member of An Garda Síochána pursuant to subsection (2), the prosecution may be conducted by that member or any other such member.
|
|
| |
(4) In deciding whether to institute and in instituting or conducting a prosecution, a member of An Garda Síochána shall comply with any applicable direction (whether of a general or specific nature) given by the Director of Public Prosecutions under subsection (5).
|
|
| |
(5) The Director of Public Prosecutions may give, vary or rescind directions concerning the institution and conduct of prosecutions by members of An Garda Síochána.
|
|
| |
(6) Directions under subsection (5) may be of a general or specific nature and may, among other things, prohibit members of An Garda Síochána from—
|
|
| |
(a) instituting or conducting prosecutions of specified types of offences or in specified circumstances, or
|
|
| |
(b) conducting prosecutions beyond a specified stage of the proceedings.
|
|
| |
(7) Where a prosecution is instituted or conducted by a member of An Garda Síochána in the name of the Director of Public Prosecutions—
|
|
| |
(a) the member is presumed, unless the contrary is proved, to have complied with this section and any applicable direction given by the Director of Public Prosecutions under this section, and
|
|
| |
(b) nothing done by the member in instituting or conducting the prosecution is invalid by reason only of the member’s failure to comply with this section or such a direction.
|
|
| |
(8) Nothing in this section—
|
|
| |
(a) precludes the Director of Public Prosecutions from, at any stage of the proceedings, assuming the conduct of a prosecution instituted by a member of An Garda Síochána, or
|
|
| |
(b) authorises a member of An Garda Síochána to institute a proceeding without the consent of the Director of Public Prosecutions if an enactment prohibits the institution of that proceeding except by or with the Director of Public Prosecution’s consent.
|
|
| |
(9) For the purpose of this section—
|
|
| |
(a) a direction is of a general nature if it relates to a class of prosecutions, and
|
|
| |
(b) a direction is of a specific nature if it relates to the prosecution of a person for a specific offence.
|
