Garda Síochána (Complaints) Act, 1986


Section 1 .

1. Discourtesy, that is to say, failing to behave with due courtesy towards a member of the public.

2. Neglect of duty, that is to say, without good and sufficient cause—

(a) failing or neglecting—

(i) properly to account for any money or property received by him in his capacity as a member, or

(ii) promptly to do any thing which it is his duty as a member to do,


(b) doing any such thing as is mentioned in subparagraph (a) (ii) of this paragraph in a negligent manner.

3. Falsehood or prevarication, that is to say, in his capacity as a member—

(a) making or procuring the making of—

(i) any oral or written statement, or

(ii) any entry in an official document or record,

which is, to the member's knowledge, false or misleading, or

(b) with a view to deceiving, destroying or mutilating any official document or record or altering or erasing or adding to any entry therein.

4. Abuse of authority, that is to say, oppressive conduct towards a member of the public, including—

(a) without good and sufficient cause, making an arrest, or

(b) using unnecessary violence towards any person with whom the member is brought into contact in the execution, or purported execution, of his duty.

5. Corrupt or improper practice, that is to say—

(a) soliciting or receiving as a member and without the consent of the Commissioner any gratuity, present, subscription or testimonial (other than customary collections for such purposes as presentations to members on the occasion of transfer, marriage or retirement),

(b) placing himself as a member under a pecuniary obligation to any person in a manner that might affect his ability to discharge his duty as a member,

(c) improperly using (or attempting to use) his position as a member for his private advantage, or

(d) failing wilfully and without good and sufficient cause to pay any lawful debt in such circumstances as to be liable to affect his ability to discharge his duty as a member or as to be liable to compromise other members.

6. Misuse of money or property in the custody of the Garda Síochána belonging to a member of the public, that it to say, misappropriating, or wilfully or carelessly misusing, losing or damaging, any such money or property.

7. Intoxication, that is to say, owing to the effects of intoxicating liquor or drugs or a combination thereof, being unfit for duty either while on duty or while not on duty but wearing a uniform in a public place.

8. Discreditable conduct, that is to say, conducting himself in a manner which the member knows, or ought to know, would be reasonably likely to bring discredit on the Garda Síochána.

9. Accessory to conduct specified in this Schedule, that is to say, conniving at or knowingly being an accessory to such conduct.