Policing, Security and Community Safety Act 2024
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Breach of standards of professional behaviour by seconded members of An Garda Síochána | ||
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96. (1) A member of An Garda Síochána who, while on secondment to the Police Service of Northern Ireland under section 95 , does or omits to do any act the doing or omission of which by a member of that service would constitute a breach of the Police Service of Northern Ireland standards of professional behaviour is liable on the expiry or termination of the period of secondment to the imposition of a disciplinary sanction by the Garda Commissioner in respect of the breach. | ||
(2) The imposition of a disciplinary sanction under subsection (1) may be based on— | ||
(a) a finding under the law and procedure for the time being applicable in relation to the investigation of breaches of the Police Service of Northern Ireland standards of professional behaviour by members of the Police Service of Northern Ireland, that the member of An Garda Síochána concerned is in breach of such standards, | ||
(b) a decision on any appeal against or review of the finding, | ||
(c) any relevant court proceedings, or | ||
(d) any related documents. | ||
(3) Before imposing any disciplinary sanction under subsection (1), the Garda Commissioner shall— | ||
(a) send a copy of the findings to the member of An Garda Síochána concerned, and | ||
(b) provide that member with an opportunity to make submissions, within a specified period, as to why the action should not be taken against him or her. | ||
(4) Without prejudice to the generality of subsections (2) and (3), the Minister may, subject to section 252 (2), having consulted with the Garda Commissioner, make regulations providing for the procedures under which a disciplinary sanction may be imposed against a member of An Garda Síochána under subsection (1). | ||
(5) In any proceedings— | ||
(a) a document purporting to be a finding or decision mentioned in subsection (2) is evidence, unless the contrary is proved, of the finding or decision, and | ||
(b) a document purporting to be a report of court proceedings or a related document mentioned in that subsection is evidence, unless the contrary is proved, of the matters referred to in the report or related document. | ||
(6) In this section, “breach of the Police Service of Northern Ireland standards of professional behaviour” means an act or omission that if done or made by a member of the Police Service of Northern Ireland could be the subject of a disciplinary sanction by the authorities in Northern Ireland. |