Policing, Security and Community Safety Act 2024

Duty of members of garda personnel to account

57. (1) A member of garda personnel shall, when directed to do so by a more senior member of garda personnel, account for any act done, or omission made, by the first mentioned member while on duty.

(2) A failure by a member of garda personnel to comply with a direction under subsection (1) shall be the subject of disciplinary action in accordance with the Conduct Regulations or the conduct code applicable to the member concerned, as the case may be.

(3) A statement or admission made by a member of garda personnel pursuant to a direction under subsection (1) shall not be admissible as evidence in proceedings brought against that member for an offence.

(4) Upon the giving of a direction under subsection (1) to a member of garda personnel, the more senior member of garda personnel concerned shall inform the member concerned—

(a) that a failure to comply with the direction may lead to dismissal from An Garda Síochána, and

(b) of the effect of subsection (3).

(5) In this section, “more senior member of garda personnel” means—

(a) in the case of a member of An Garda Síochána, a member of An Garda Síochána of a higher rank or a member of garda staff of a grade equivalent to a higher rank, and

(b) in the case of a member of garda staff, a member of garda staff of a higher grade or a member of An Garda Síochána of a rank equivalent to a higher grade.