30/06/1924: Garda Siochana (Designations, Appointments and Discipline) Regulations, 1924.

DEPARTMENT OF JUSTICE.

GARDA SIOCHANA (DESIGNATIONS, APPOINTMENTS AND DISCIPLINE) REGULATIONS, 1924.

GARDA SIOCHANA.

Regulations made by the Minister for Justice, with the approval of the Executive Council, under Section 18 of the Garda Siochana (Temporary Provisions) Act, 1923.

In pursuance of Section 18 of the Garda Siochana (Temporary Provisions) Act, 1923, I, the Minister for Justice, with the approval of the Executive Council, hereby make the following Regulations:—

DESIGNATIONS OF POLICE AREAS.

1. For the purpose of the distribution and administration of the Force Saorstát Eireann (exclusive of the Police District of Dublin Metropolis) shall be divided into areas, each of which shall be styled a Division and shall be under the control of a Chief Superintendent (or Superintendent acting as Chief Superintendent).

The Station occupied by each such Chief Superintendent (or Superintendent acting as Chief Superintendent) shall be known as the Divisional Headquarters Station.

2. Each Division shall be divided into Districts, each of which shall be under the control of a Superintendent (or an Inspector acting as Superintendent).

The Station occupied by each such Superintendent (or Inspector acting as Superintendent) shall be known as the District Headquarters' Station, and each District shall be designated by the name of its Headquarter's Station.

3. Each District shall be divided into Sub-Districts, each of which shall be policed by as many members of the Force as may from time to time be assigned for duty thereto. Each Sub-District shall be designated by the name of the town or village in which the Station is located, or if not located in a town or village, by the name by which the locality is generally known.

4. The number of Divisions, Districts and Sub-Districts, and the delimitations thereof, shall be fixed from time to time by the Minister for Justice.

APPOINTMENTS.

5. A candidate for appointment as a Guard

(a) must produce satisfactory references as to character, and if he has served in any branch of any Military, Air, or Naval Force, or in the Civil Service, or in any other Police Force, must produce satisfactory proof of his good conduct while in such Service or Force;

(b) must (unless he has had previous service in a police force) be unmarried and between the ages of 19 and 27 years,

(c) must be not less than 5 feet 9 inches in height, with a mean chest measurement of at least 36 inches, or, if 5 feet 11 inches or over in height, with a mean chest, measurement of at least 37 inches;

(d) must be certified by the Surgeon of the Force to be in good health, of sound constitution, and fitted physically and mentally to perform the duties of a member of the Force;

(e) must pass a qualifying educational examination;

Provided, however, that persons who gave satisfactory service in the Defence Forces, Criminal Investigation Department, Protective Force or Citizens' Defence Force may be admitted, although married, or not possessing the qualifications prescribed above as to age, height and chest measurement.

6. No person shall be eligible for appointment to, or shall be retained in the Force, if

(a) he holds any other office or employment or carries on any business for hire or gain, or

(b) his wife, without the consent of the Commissioner, keeps a shop or carries on any business.

7. A Guard on first appointment shall be on probation for a period of one year: provided that the Commissioner may at his discretion extend the period of probation for a further period of six months in any case where the conduct and efficiency, and the educational and other qualifications of the Guard are not of the required standard. During the period of probation the services of any Guard may be dispensed with at any time if the Commissioner considers that he is not fitted, physically or mentally, to perform the duties of his office, or that he is not likely to become an efficient and well-conducted Guard.

DISCIPLINE.

8. Any member of the Force shall commit an offence against discipline if he is guilty of:—

(1) Discreditable conduct, that is to say: if he acts in a disorderly manner or any manner prejudicial to discipline or likely to bring discredit on the reputation of the Force.

(2) Insubordinate or oppressive conduct, that is to say: if he—

(a) is insubordinate by word, act or demeanour, or

(b) is guilty of oppressive or tyrannical conduct towards an inferior in rank, or

(c) uses obscene, abusive or insulting language to any other member of the Force, or

(d) wilfully or negligently makes any false complaint or statement against any member of the Force, or

(e) assaults any other member of the Force, or

(f) overholds any complaint or report against any member of the Force.

(3) Disobedience to Orders, that is to say: if he disobeys, or without good and sufficient cause omits or neglects to carry out any lawful order, written or otherwise.

(4) Neglect of Duty, that is to say: if he—

(a) neglects or without good and sufficient cause omits, promptly and diligently, to attend to or carry out anything which is his duty, or

(b) idles or gossips while on duty, or

(c) fails to work his beat or to perform his patrol in accordance with orders, or leaves his beat, point, or other place of duty to which he has been ordered, without due permission or sufficient cause, or unnecessarily separates from any member of the Force with whom he is on duty, or

(d) by carelessness or neglect permits a prisoner to escape, or

(e) fails, when knowing where any offender is to be found to report the same, or to make due exertions for making him amenable to justice, or

(f) fails to report any matter which it is his duty to report, or

(g) fails to report anything which he knows concerning a criminal charge, or fails to disclose any evidence which he, or any person within his knowledge, can give for or against any prisoner or defendant to a criminal charge, or

(h) omits to make any necessary entry in any official document or book.

(5) Falsehood or Prevarication, that is to say: if he—

(a) knowingly makes or signs any false statement in any official document or book or is privy thereto, or

(b) wilfully or negligently makes any false, misleading or inaccurate statement, or

(c) without good and sufficient cause destroys or mutilates any official document or record, or alters or erases any entry therein.

(6) Breach of Confidence, that is to say: if he—

(a) divulges any matter which is it his duty to keep secret, or

(b) gives notice, directly or indirectly, to any person against whom any warrant or summons has been or is about to be issued, except in the lawful execution of such warrant or service of such summons, or

(c) without proper authority communicates to the public press, or to any unauthorised person, any matter connected with the Force, or

(d) without proper authority shows to any person outside the Force any official book or written or printed document, or

(e) makes any anonymous communication to any superior officer, Government Department or official, or

(f) signs or circulates any petition or statement with regard to any matter concerning the Force except through the proper channel of correspondence to the Commissioner, or in accordance with the constitution of the Representative Bodies, or

(g) calls or attends any unauthorised meeting to discuss any matter concerning the Force.

(7) Corrupt Practice, that is to say: if he—

(a) receives any bribe, or

(b) fails to account for or to make a prompt and true return of any money or property received by him in his official capacity, or

(c) directly or indirectly solicits or receives any gratuity, present, subscription or testimonial, without the consent of the Commissioner, or

(d) places himself under pecuniary obligations to any publican, beer-retailer, spirit-grocer, or any person who holds a licence concerning the granting or renewal of which the police may have to report or give evidence, or

(e) improperly uses his character and position as a member of the Force for his private advantage, or

(f) in his capacity as a member of the Force, writes, signs, or gives, without the sanction of the Commissioner, any testimonial of character or other recommendation with the object of obtaining employment for any person or of supporting an application for the grant of a licence of any kind, or

(g) without the sanction of the Commissioner, supports an application for the grant of a licence of any kind.

(8) Unlawful or unnecessary exercise of authority, that is to say if he—

(a) without good and sufficient cause makes any unlawful or unnecessary arrest, or

(b) uses any unnecessary violence to any prisoner or other person with whom he may be brought into contact in the execution of his duty, or

(c) is uncivil to any member of the public.

(9) Malingering, that is to say: if he feigns or exaggerates any sickness or injury with a view to evading duty.

(10) Absence without leave or being late for duty, that is to say if he without reasonable excuse is absent without leave from, or is late for parade Court or any other duty, or is absent without leave from his Division, District, Sub-District, or Station.

(11) Uncleanliness, that is to say: if he while on duty is improperly dressed or is dirty or untidy in his person, clothing, or accoutrements.

(12) Damage to clothing or other articles supplied, that is to say: if he—

(a) wilfully or by carelessness causes any waste loss, or damage, to any article of clothing or accoutrement, or to any official book, document or other property served out to him or used by him or entrusted to his care, or

(b) fails to report any loss or damage as above, however caused.

(13) Drunkenness, that is to say: if he, while on or off duty, is under the influence of intoxicating liquor.

(14) Drinking or being in possession of or soliciting drink on duty, that is to say: if he—

(a) without the consent of his superior officer, drinks, or receives from any other person, or has in his possession any intoxicating liquor while he is on duty, or

(b) demands, or endeavours to persuade any other person to give him, or to purchase or obtain for him, any intoxicating liquor while he is on duty.

(15) Entering licensed premises, etc., while on duty, that is to say: if he enters, while on duty, any licensed premises, or any other premises where liquors are stored or distributed, when his presence there is not required in the execution of his duty.

(16) Communicating either directly or through some other person with any public body, department or official, with the object of influencing or modifying a decision regarding the punishment, promotion or transfer of himself or any other member of the Force.

(17) Expressing or manifesting political opinions.

(18) Influencing or attempting to influence, directly or indirectly, the vote of any elector at any Parliamentary or Local Government election.

(19) Lending money to any superior or borrowing or seeking to borrow from or accepting any present directly or indirectly from any inferior in rank, or inducing or seeking to induce any inferior in rank to become security for a loan or debt.

(20) Incurring and refusing or neglecting to pay any lawful debt, or becoming bankrupt, or seeking the protection of the Court from process at the suit of his creditors.

(21) Wearing any medal, badge or emblem without the authority of the Commissioner.

(22) Marrying without leave.

(23) Gambling.

(24) Violating any order or regulation issued by the Commissioner for the guidance of the Force.

(25) By concealment, or wilful omission or otherwise, attempting to evade the true spirit and meaning of the orders and regulations governing the Force.

(26) Any offence which is punishable on conviction, whether summarily or on indictment.

9. Any member of the Force who commits an offence against discipline shall be liable, according to the gravity of the offence, to the following disciplinary punishments, in addition to any other punishment to which he may be liable by law:—

(a) dismissal;

(b) being required to resign (as an alternative to dismissal;

(c) reduction in rank, or to a lower grade in existing rank;

(d) reduction in rate of pay;

(e) fine;

(f) transfer;

(g) reprimand;

(h) caution.

Every punishment awarded to a member of the Force shall be entered on his conduct sheet.

10. A reduction in pay, without reduction in rank, shall be limited to a definite period which shall be stated in the order by which the punishment is inflicted and shall not exceed 12 months and at the end of the stated period the member concerned shall be advanced to the rate of pay to which he would have been entitled but for the punishment awarded him, unless the period of reduction has in the meantime been extended by way of punishment for a further offence against discipline. A reduction in pay, without reduction in rank or grade in rank, when awarded as a disciplinary punishment, shall not operate so as to reduce the pay of the member concerned below the minimum of the scale appropriate to his existing rank or grade in rank.

11. The amount of a fine imposed by way of punishment for any one offence shall not, save as hereinbelow provided, exceed £5 in the case of a Sergeant or Guard or £10 in the case of an Officer (exclusive of the value of any public property lost, destroyed or damaged by him which he may be ordered to repay) and shall be recovered by stoppage of pay in amounts not exceeding £5 in any month, except in the event of the member concerned leaving the Force, when the whole amount of any fine then unpaid may be deducted from any pay then due

Provided that where a member resigns or withdraws himself from the Force without having given the requisite notice or received previous permission to do so, he shall render himself liable to a disciplinary fine equivalent to the amount of any pay and allowances due to him at the date of his retirement or withdrawal, in addition to any other punishment to which he may be liable by law.

12. There shall be kept in each District Headquarter's Office a District Disciplinary Report Book in which the Superintendent or Inspector shall enter, directly it comes to his knowledge, every report or complaint alleging the commission of an offence against discipline by any member of the Force stationed in his District (other than an anonymous allegation unsupported by evidence) together with particulars of the action taken by him thereon.

13. There shall be kept in each Divisional Headquarter's Office a Divisional Disciplinary Report Book in which the Chief Superintendent (or other Officer in charge of the Division) shall enter, directly it comes to his knowledge, every report or complaint alleging the commission of any offence against discipline by any member stationed in his Division (other than an anonymous allegation unsupported by evidence) together with particulars of the action taken by him thereon.

A similar Disciplinary Report Book shall be kept by the Chief Superintendent in charge of the Depot.

14. Every member of the Force against whom a report or complaint is made suggesting the commission by him of an offence against discipline shall, as soon as possible, be informed in writing of the exact charge made against him. The written charge must disclose the particular offence or offences against discipline alleged, with such details of time and place as will leave the accused under no misapprehension as to the offence with which he is charged.

15. The written charge, which shall be entered on a form provided for that purpose (hereinafter referred to as the Misconduct Form), together with a copy of the report or complaint on which the charge is founded and a summary of the additional evidence available, shall be handed or sent as soon as practicable to the accused, who shall initial and return the Misconduct Form.

16. Except where the charge involves a criminal offence which is, or will be, the subject of proceedings before the Courts, the accused shall be directed to state in writing upon the Misconduct Form whether he admits or denies the charge. Such admission or denial must not be qualified in any way, but the accused shall be allowed to attach any explanation which he may wish to offer in writing, and to state the names of any witnesses of material facts in relation to the subject matter of the charge, whose evidence he desires to be taken.

An offence against discipline will be aggravated by a denial of the charge.

17. Where any serious disciplinary charge involving the possibility of dismissal, compulsory retirement, or degradation in rank, is brought against a member of the Force, and is denied, a Sworn Inquiry shall be held to inquire and examine on oath into the truth of the charge preferred.

18. Where a Sworn Inquiry is directed by the Commissioner the officer nominated to hold the Inquiry (or, where more than one officer is so nominated, the officer nominated to preside at the Inquiry) shall be of a rank, or of a grade in a rank, superior to that of the accused. Where the charge is preferred by a Chief Superintendent an Officer serving in his Division shall not be nominated as a member of the Inquiry. Where a charge is preferred against a Chief Superintendent, an officer of lower rank shall not be nominated as a member of the Inquiry.

19. The accused shall be furnished with a list of the witnesses in support of the charge a reasonable time before the holding of a Sworn Inquiry. He shall be allowed to submit the names of any witnesses to material facts in relation to the charge whom he desires to be present, and such witnesses shall be ordered or summoned to attend.

20. When the accused or the person preferring the charge objects to any member of a Sworn Inquiry, he shall be required to set forth in writing the reasons for such objection, and the Inquiry shall be postponed pending the consideration of such objection by the Commissioner and his decision thereon.

21. Unless otherwise directed by the Commissioner, the Superintendent of the District in which the Sworn Inquiry is directed to be held shall prefer the charge, and examine the witnesses in support of the charge and cross-examine witnesses for the defence. If the accused is an Officer, the Commissioner shall appoint an Officer to prefer the charge.

22. All proceedings at a Sworn Inquiry (except the deliberations of the members thereof) shall take place in the presence of the accused, and all witnesses thereat shall be required to give their evidence on oath. The charge or charges shall be read aloud to the accused, who shall be called upon to admit or deny them. If any charge is admitted, the admission shall be taken down in writing and signed by the accused.

23. The evidence of each witness shall be taken down in writing. Witnesses in support of charges may be examined by the person preferring the charge and cross-examined by the accused, who may, with the prior consent of the Commissioner, have a Solicitor to assist him in examining or cross-examining witnesses or in preparing a written statement for his defence. The accused shall not be permitted to give evidence, and he or his Solicitor shall not be permitted to address the Inquiry, but he may hand in a statement in writing signed by him. When the evidence in support of the charges has been given, witnesses for the defence may be called, and they may be examined by the accused or by his Solicitor and cross-examined by the person preferring the charges. The latter may, after the close of the defence, produce evidence to rebut any statements which may have been made by witnesses for the defence. Any question which may arise as to the admissibility of any evidence tendered, or as to the propriety of any question proposed shall be decided by the presiding officer. The evidence of each witness as taken down in writing shall, at the close of his examination, be read to him by the presiding officer, and signed by the witness.

24. A Sworn Inquiry may be adjourned by the presiding officer, if he considers such a course necessary or desirable.

25. After all available evidence has been taken, the presiding officer shall read to the members of the Inquiry the whole of the evidence given, and take the opinion of each member as to whether each of the charges has or has not been proved. This opinion he shall record by writing the words "Guilty," or "Not Guilty," as the case may be, the finding being signed by each member of the Inquiry. Any member dissenting from the opinion of the majority shall set forth his reasons in writing and sign the same. During these deliberations no person shall be present except the officers nominated to hold the Inquiry. The record of the proceedings and the findings shall be forwarded by the presiding officer to the Commissioner, either direct (if the Commissioner shall so instruct) or through the Chief Superintendent of the Division in which the accused is serving.

26. The members of a sworn Inquiry may be ordered by the Commissioner to re-assemble and reconsider their finding. At such re-assembly no witness shall be examined or additional evidence received.

27. Where an alleged offence against discipline, which is denied, is not of a serious nature, the Commissioner may direct a Chief Superintendent to hold an inquiry (not on oath). In such a case the accused shall be allowed to state the names of any witnesses whom he desires to be present when the charge is being investigated. Any such witnesses who are members of the Force shall be ordered to attend, and any witnesses who are not members of the Force shall be given due notice that their attendance is desired, and of the time and place of the investigation. The accused shall be allowed to hear the evidence against him and to cross-examine the witnesses, and to call and examine witnesses in his defence. Witnesses for the defence may be cross-examined by the Chief Superintendent holding the Inquiry. The accused shall not be required or permitted to make an oral statement, but he may hand in a statement in writing signed by him. On the completion of the investigation the Chief Superintendent shall forward to the Commissioner a complete report thereof, together with any statements handed to him, and shall state whether in his opinion the accused is guilty or not guilty of the charges preferred against him.

28. The decision of the Commissioner shall be written upon the Misconduct Form and at once notified to the accused, who shall write on the Misconduct Form his acknowledgment of his having read the decision.

29. The Commissioner may delegate to Chief Superintendents the power of awarding punishments in cases of minor disciplinary offences not involving dismissal, compulsory retirement or degradation in rank, provided, however, that a Chief Superintendent shall not have power in any case to order a reduction of pay or to impose a fine exceeding £1. Any punishment so awarded by a Chief Superintendent shall be written upon the Misconduct Form and at once notified to the accused, who shall write on the Misconduct Form his acknowledgment of his having read the decision. An award of punishment by a Chief Superintendent shall be immediately notified by him to the Commissioner, to whom the accused shall have a right of appeal. If an appeal is found to be groundless or vexatious, the member concerned will be liable to further punishment.

30. The Commissioner may from time to time, subject to the approval of the Minister for Justice, make such orders as may be deemed necessary or desirable for the purpose of giving full force and effect to these Regulations.

31. In these Regulations the word "Force" means the Garda Siochana.

32. These Regulations may be cited as the Garda Siochana (Designations, Appointments and Discipline) Regulations, 1924.

Dated this 30th day of June, 1924.

C. O h-UIGÍN,

Minister for Justice.