Policing, Security and Community Safety Act 2024
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Inquiry under section 48(3)(a) | ||
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49. (1) For the purposes of an inquiry under section 48 (3)(a), the appointed person may do such of the following as he or she considers appropriate: | ||
(a) direct a person, by notice delivered to him or her, to provide any information, document or thing that is specified in the notice and is relevant to, and required for the purposes of, the inquiry; | ||
(b) direct any person, by notice delivered to him or her, to produce at the time and place specified in the notice, a document or thing specified in the notice that is relevant to, and required for the purposes of, the inquiry and is in the person’s power or control; | ||
(c) summon witnesses to attend the inquiry; | ||
(d) direct a witness to answer a question put to him or her at the inquiry; | ||
(e) give any other direction that appears to the appointed person to be necessary, just and reasonable for the purposes of the inquiry; | ||
(f) administer oaths and affirmations to witnesses and examine witnesses attending the inquiry. | ||
(2) Where a person (the “first named person”) fails or refuses to comply with, or disobeys, a direction or summons under subsection (1), the High Court may, on application by the appointed person concerned and on notice to the first named person— | ||
(a) order the first named person to comply with the direction or, in the case of a summons, to attend the inquiry, and | ||
(b) make such other order (if any) as it considers necessary and just to enable the direction to have full effect or, in the case of a summons, to ensure the attendance at the inquiry. | ||
(3) A person who— | ||
(a) is the subject of a direction by notice under paragraph (a) or (b) of subsection (1) and who, without lawful excuse, refuses or fails to comply with a direction under the paragraph concerned, | ||
(b) fails, without lawful excuse, to attend an inquiry in response to a summons under subsection (1)(c), | ||
(c) refuses to answer a question that the appointed person may lawfully direct him or her to answer under subsection (1)(d), or | ||
(d) does or omits to do any other thing that, if the inquiry were a court of law having the power to punish for contempt, would be contempt of such court, | ||
is guilty of an offence and is liable, on summary conviction, to a class C fine or to imprisonment for a term not exceeding 6 months, or both. | ||
(4) A statement or admission made by a person pursuant to a direction under subsection (1) or an order under subsection (2) shall not be admissible as evidence in proceedings brought against that person for an offence (other than an offence under subsection (3)). | ||
(5) The Garda Commissioner may issue a directive to members of garda personnel requiring them to take any lawful measures that appear to them to be necessary or expedient for the purposes of— | ||
(a) preserving evidence relating to the matter the subject of the inquiry under section 48 (3)(a), and | ||
(b) facilitating the appointed person to hold the inquiry to obtain that evidence. |