Policing, Security and Community Safety Act 2024
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PART 6 Complaints, Investigations and other Matters | ||
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Chapter 1 Preliminary and General (Part 6) | ||
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Interpretation (Part 6) | ||
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193. (1) In this Part— | ||
“abuse of power for a sexual purpose” means any behaviour by a member of garda personnel which takes advantage of his or her position as such a member to misuse his or her position, authority or powers for a sexual purpose or an improper emotional relationship with any other person; | ||
“Act of 2014” means the Protected Disclosures Act 2014 ; | ||
“admissible complaint”, other than in section 228 (2), means a complaint determined in accordance with section 198 by the Police Ombudsman to be admissible; | ||
“approved list” has the meaning assigned to it by section 200 (3); | ||
“complainant” means a person who makes a complaint under section 196 (1); | ||
“curtilage”, in relation to a Garda Síochána premises, means an area immediately surrounding, or adjacent to, such premises which is used in conjunction with such premises other than any part of that area that is a public place; | ||
“dismissal proceedings” means any measures that may be taken by the Garda Commissioner pursuant to section 48 , 50(3) or 51; | ||
“Garda Commissioner” includes a Deputy Garda Commissioner, or an Assistant Garda Commissioner, performing the functions of the Garda Commissioner under section 28 ; | ||
“Garda Síochána premises” means any premises, or part thereof, where a member of garda personnel is stationed or assigned, including— | ||
(a) the curtilage to such premises, and | ||
(b) any of the following that is used by such a member in the course of carrying out his or her duties— | ||
(i) a vehicle, whether mechanically propelled or not, | ||
(ii) a vessel, whether sea-going or not, | ||
(iii) an aircraft, whether capable of operation or not, or | ||
(iv) a hovercraft; | ||
“incident of concern” in relation to a member of garda personnel, means any act or omission— | ||
(a) that is not and has not been the subject of a complaint or a referral under section 203 (1), and | ||
(b) in relation to which there is an allegation that the person who— | ||
(i) is a serving member of garda personnel, or | ||
(ii) at the time of the act or omission concerned, was a member of garda personnel, | ||
may have— | ||
(I) committed an offence, or | ||
(II) behaved in a manner that constitutes notifiable misconduct; | ||
“investigation”, in relation to an investigation by the Police Ombudsman, means, other than in section 227 , an investigation under section 208 ; | ||
“members of garda personnel” has the meaning assigned to it by section 44 but does not include the serving Garda Commissioner; | ||
“misconduct”— | ||
(a) in relation to the conduct of a member of An Garda Síochána— | ||
(i) occurring after the coming into operation of section 257 , means a breach by the member of the standards of professional behaviour, and | ||
(ii) occurring before the coming into operation of section 257 , means conduct that would, at the time it occurred, have been a breach of discipline within the meaning of Part 4 of the Act of 2005, | ||
and | ||
(b) in relation to the conduct of a member of garda staff, means a breach by the member of the standards of professional behaviour; | ||
“notifiable misconduct” means misconduct that— | ||
(a) would justify the bringing of conduct proceedings, and | ||
(b) is of a type that has been prescribed by the Minister under subsection (2); | ||
“performance proceedings”— | ||
(a) in relation to a member of An Garda Síochána, means the taking of measures in relation to the member under the Performance Regulations, and | ||
(b) in relation to a member of garda staff, means the taking of measures in relation to the member under any policy concerning the management of underperformance by such a member; | ||
“protocols” means the protocols agreed pursuant to section 223 ; | ||
“Regulations of 1987” means the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Síochána Stations) Regulations 1987 ( S.I. No. 119 of 1987 ); | ||
“relevant arrangements” has the meaning assigned to it by section 201 (1); | ||
“serious harm”, in relation to a person, means— | ||
(a) an injury to the person that— | ||
(i) creates a substantial risk of death, | ||
(ii) causes serious disfigurement, or | ||
(iii) causes substantial loss or impairment of mobility of the body as a whole or of the function of any particular bodily member or organ, | ||
(b) he or she is the victim of a sexual offence, or | ||
(c) he or she is the victim of an abuse of power for a sexual purpose; | ||
“sexual offence” has the same meaning as it has in the Sex Offenders Act 2001 ; | ||
“suitable for resolution by An Garda Síochána”, in relation to a complaint, shall be construed in accordance with section 199 (2). | ||
(2) Subject to section 252 (2), the Minister shall, with reference to— | ||
(a) the nature or gravity of the misconduct, | ||
(b) the seniority in rank or grade of a member of garda personnel, | ||
(c) the nature of the duties which a member of garda personnel is assigned to undertake, or | ||
(d) the importance of maintaining public confidence in the arrangements for the investigation of allegations of misconduct by a member of garda personnel, | ||
prescribe types of conduct for the purposes of paragraph (b) of the definition of “notifiable misconduct”. | ||
(3) A reference in this Part to an admissible complaint shall include a reference to a complaint that is determined to be admissible following a review under section 224 . | ||
(4) A reference in this Part to an investigation of a complaint shall include a reference to a complaint the investigation of which, as a result of a review under section 224 , is not to be discontinued. |