S.I. No. 96/1988 - Garda Síochána (Complaints) (Tribunal Procedure) Rules, 1988.


The Garda Síochána Complaints Board, by virtue of the powers conferred upon it by paragraph 12 of the Second Schedule to the Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986), hereby makes the annexed rules.

Dated this 9th Day of May, 1988.

SEAMUS MacKENNA

P. J. MORAN

W. A. OSBORNE

S. G. DENHAM

FRANK SMYTH

M. WALSH

ELIZABETH LOVATT-DOLAN

ANNA HEGARTY

I consent to the making of the annexed rules.

Dated this 12th day of May, 1988.

GERARD COLLINS

Minister for Justice

S.I. No. 96 of 1988.

GARDA SÍOCHÁNA (COMPLAINTS) (TRIBUNAL PROCEDURE) RULES, 1988.

The Garda Síochána Complaints Board, by virtue of the powers conferred upon it by paragraph 12 of the Second Schedule to the Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986), hereby makes the annexed rules.

1. In these rules—

"the Act" means the Garda Síochána (Complaints) Act, 1986 (No. 29 of 1986);

"the Board" means the Garda Síochána Complaints Board;

"breach of discipline" means conduct specified in the Fourth Schedule to the Act and includes, other than in a case where paragraph (e) of section 7(9) of the Act applies, non-compliance with paragraph (d) of the said section 7(9) and also conduct constituting an offence in respect of which, after the date on which a complaint relating to that conduct was made, there is a conviction by a court of the member concerned and "in breach of discipline" shall be construed accordingly;

"chief executive" means the chief executive of the Board or such other officer of the Board as may be authorised by the chief executive, with the consent of the Board, to act on his behalf or who may be designated by the Board to perform the functions of the chief executive during this temporary absence;

"complainant" means a person who was directly affected by or witnessed the conduct alleged in the complaint and who made the complaint in person or through another person in accordance with section 4(1) (a) of the Act;

"member concerned" means a member who is alleged or found to be in breach of discipline;

"tribunal" means a tribunal appointed by the Board under section 8(1) of the Act.

2. Where a matter is referred to a tribunal under section 7(5) of the Act, the chief executive shall forward to the member concerned—

( a ) a statement of the breach or breaches of discipline alleged containing such particulars as will leave the member concerned in no doubt as to the precise nature of the alleged breach or breaches,

( b ) the names of the witnesses whom it is proposed to call to give evidence before the tribunal,

( c ) a copy of each statement intended for use at the tribunal,

( d ) particulars of any other information intended for use at the tribunal, and

( e ) an indication in writing of the nature and source of any information relating to the matter which has come to notice in the course of the investigation, which may be favourable to the member concerned and of which he may be unaware.

3. When forwarding the documents referred to in rule 2, the chief executive shall inform the member concerned in writing—

( a ) that he may admit or deny the breach or breaches of discipline alleged,

( b ) that he may admit that the statements supplied under rule 2 are wholly or partly true but deny that the facts stated therein constitute a breach or breaches of discipline, and

( c ) that he may deny the breach or breaches of discipline alleged but admit that the facts constitute another breach or other breaches of discipline.

4. Within 14 days of receiving the documents forwarded by the chief executive under rule 2, the member concerned shall—

( a ) indicate to the chief executive his admission or denial of the breach or breaches of discipline alleged, and

( b ) inform the chief executive whether he intends to present his case in person at the tribunal sitting and, if not, provide the name and address of the person who will be representing him.

5. Where the member concerned does not comply, in whole or in part, with the provisions of rule 4, the chief executive shall take it as an indication—

( a ) where the provision at rule 4 (a) is not complied with, that the member denies the breach or breaches of discipline alleged, and

( b ) where the provision at rule 4 (b) is not complied with, that the member intends to present his case in person at the tribunal sitting.

6. Within 28 days of the issue of the documents referred to in rule 2, the member concerned shall furnish to the chief executive the names and addresses of witnesses whom he wishes the chairman of the tribunal to direct to attend before the tribunal.

7. The chief executive shall, within 28 days of furnishing the documents referred to in rule 2—

( a ) notify the member concerned in writing of any amendment he wishes to make to—

(i) the list of witnesses whom it is proposed to call to give evidence before the tribunal,

(ii) the list of statements intended for use at the tribunal, and

(iii) the particulars of any other information intended for use at the tribunal,

( b ) furnish to each member of the tribunal

(i) a statement of the breach or breaches of discipline alleged and whether the member concerned has admitted or denied such breach or breaches, and

(ii) the names and addresses of the witnesses whom the chief executive and the member concerned wish the chairman of the tribunal to direct to attend before the tribunal.

8. The tribunal shall fix a date for the sitting of the tribunal and, not later than 14 days beforehand, notify that date in writing to the complainant or, where the complainant made the complaint through an other person, the person through whom it was made, the member concerned and any other person whose attendance at the sitting is required in order to establish the material facts.

9. (1) If, at any time after the date of the relevant sitting has been fixed, an additional statement or further information becomes available which the chief executive wishes to use at the sitting of the tribunal or the chief executive wishes an additional witness to attend to give evidence before the tribunal, the tribunal may, if the member concerned has been supplied with a copy of the statement, the name and address of the witness or particulars of the information, allow the statement or information to be so used or the witness to attend.

(2) Where the tribunal allows an additional statement or information to be used or an additional witness to attend under the provisions of paragraph (1) above, it shall adjourn the sitting for 14 days or for such shorter period as the member concerned may agree.

10. Where any particular fact may be established by more than one person, it shall not be necessary to give a direction to more persons than are sufficient to establish that fact, but the tribunal may, on its own initiative or at the request of the member concerned or the chief executive, direct such other person or persons as it considers necessary to attend before a sitting of the tribunal.

11. The chief executive or the member concerned may, by notice in writing, at any time not later than 14 days before the tribunal sitting, request the member concerned or the chief executive, as the case may be, to agree that particular information relating to the breach of discipline alleged is not in dispute and, if the person to whom the notice is sent does not so agree, he shall, within 10 days after receipt of the notice, so indicate in writing.

12. Any document to be supplied to a member under rules 2, 7(a), 8 and 11 shall be sent by registered post or delivered to him in person.

13. Sittings of the tribunal to hear submissions, to take evidence and to announce the decision or decisions of the tribunal shall be held in private, and the following persons shall be entitled to be present—

( a ) the member concerned and, if he is not presenting his case in person, another member or his legal representative,

( b ) the complainant and, where the complainant made the complaint through another person, the person through whom it was made,

( c ) the chief executive and such other members of the Board's staff as may be necessary for the proper presentation of the evidence, and

( d ) such other persons as the tribunal may agree should attend.

14. The chairman of the tribunal shall read to the member concerned particulars of the breach or breaches of discipline alleged against him and shall inform him—

( a ) that he may admit or deny the breach or breaches of discipline alleged,

( b ) that he may admit that the statements and other particulars supplied to him under rules 2(c), 2(d) and 7 (a) are wholly or partly true but deny that the facts stated therein constitute a breach or breaches of discipline, and

( c ) that he may deny the breach or breaches of discipline alleged but admit that the facts constitute another breach of discipline.

15. The chairman of the tribunal may correct a defect in any document submitted to the tribunal provided that the correction would not result in injustice.

16. (1) The tribunal may determine whether evidence at a tribunal sitting shall be given on oath.

(2) Where a tribunal determines that evidence at a tribunal sitting shall be given on oath, the oath shall be administered by the chairman of the tribunal.

17. (1) The chief executive shall present the case against the member concerned.

(2) The member concerned may present his case either in person, through another member or through a solicitor or barrister.

18. Witnesses may be examined before the tribunal by the tribunal and by or on behalf of the chief executive and the member concerned.

19. (1) Written statements shall be admitted as evidence by the tribunal with the consent of the member concerned.

(2) Any signature appearing on a document produced before the tribunal shall be taken, in the absence of evidence to the contrary, to be that of the person whose signature it purports to be.

20. Where, because of the absence of the member concerned, compliance with a requirement of these rules is not possible, proceedings may take place notwithstanding such non-compliance if the tribunal is satisfied that this is reasonable in all the circumstances.

21. Where, because of the absence of the member concerned or of a witness, or for any other reason, the tribunal is satisfied that a sitting of the tribunal should be adjourned, the chairman of the tribunal may adjourn the sitting to a specified date and, in a case where the member concerned or a witness is absent, shall, if practicable, cause that member or witness to be duly notified of the adjournment.

22. ( a ) A decision of the tribunal may be that of the majority of its members.

( b ) The chairman shall announce a decision of the tribunal at a sitting of the tribunal.

23. Where a breach of discipline is admitted by the member concerned or is found by the tribunal to have occurred, the tribunal shall, before deciding whether disciplinary action should be taken, consider any statement or submission in relation to the member's record of service, his conduct in the Garda Síochána, his circumstances and any other relevant matter.

24. The chairman of the tribunal shall inform the member concerned that he may appeal to the Appeal Board from the decision of the tribunal finding him to be in breach of discipline, or the decision of the tribunal that disciplinary action should be taken against him, or both.

25. A sufficient record of the proceedings at the sittings of the tribunal shall be made by a stenographer or by electronic or other means.

26. The tribunal shall cause a statement of the breach or breaches of discipline alleged and a record of the decision or decisions of the tribunal to be sent to the Board, the member concerned, the complainant or, where the complainant made the complaint through another person, the person through whom it was made, the Commissioner of the Garda Síochána and, in the case of a decision that a member above the rank of inspector should be dismissed from the Garda Síochána, the Minister for Justice.

27. Any issue arising in relation to the procedures to be adopted by the tribunal in dealing with any matter referred to it by the Board which is not covered by the Act or these rules shall be determined by the tribunal to which the matter has been referred.

28. These rules may be cited as the Garda Síochána (Complaints) (Tribunal Procedure) Rules, 1988.

EXPLANATORY NOTE

These rules determine the procedure of tribunals appointed by the Garda Síochána Complaints Board to adjudicate on complaints.