Garda Síochána (Complaints) Act, 1986
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SECOND SCHEDULE Tribunals | ||
1. (a) A tribunal shall consist of three persons. | ||
(b) Two of the members of the tribunal shall be members of the Board (other than the member of the Garda Síochána who is a member of the Board) who have not been concerned with the matter referred to the tribunal and one, at least, of them shall be a practising barrister, or a practising solicitor, of not less than ten years' standing. | ||
(c) The third member of the tribunal shall, subject to paragraph 2 (4) (d) of the First Schedule to this Act, be a member of the Garda Síochána (other than the member of the Garda Síochána who is a member of the Board) who— | ||
(i) is not below the rank of chief superintendent, | ||
(ii) has not been involved in the investigation of the matter referred to the tribunal, and | ||
(iii) is nominated in that behalf by the Commissioner. | ||
2. The chairman of a tribunal shall be such member of the tribunal as a majority of the members thereof may determine. | ||
3. (a) The Board may appoint a member of the Board (other than the member of the Garda Síochána who is a member of the Board) who has not been concerned with the matter referred to the tribunal to be a member of a tribunal during the temporary absence of a member of the tribunal (other than the member nominated by the Commissioner under paragraph 1 of this Schedule). | ||
(b) The Board may appoint a member of the Garda Síochána (other than the member of the Garda Síochána who is a member of the Board) who— | ||
(i) is not below the rank of chief superintendent, | ||
(ii) has not been involved in the investigation of the matter referred to the tribunal, and | ||
(iii) is nominated in that behalf by the Commissioner, | ||
to be a member of a tribunal during the temporary absence of the member of the tribunal nominated by the Commissioner under paragraph 1 of this Schedule. | ||
4. (1) A tribunal shall hold sittings and at the sittings may take evidence and may receive submissions by or on behalf of the persons concerned (including the chief executive). | ||
(2) Sittings of a tribunal shall be held in private. | ||
5. Where a matter is referred to a tribunal under section 7 (5) of this Act, the chief executive shall present the case against the member concerned to the tribunal. | ||
6. A witness whose evidence has been or is being or is to be given before a tribunal shall be entitled to the same privileges and immunities as a witness in a court. | ||
7. A decision of a tribunal may be that of a majority of its members. | ||
8. The chairman of a tribunal may— | ||
(a) direct in writing the member concerned to attend before the tribunal on a date and at a time and place specified in the direction, | ||
(b) direct in writing any other person whose evidence is required by the tribunal to attend before the tribunal on a date and at a time and place specified in the direction and there to give evidence and to produce any document or thing in his possession or power specified in the direction, | ||
(c) direct that other person to produce to the tribunal any specified document or thing in his possession or power, | ||
(d) give any other directions for the purpose of the proceedings that appear to him reasonable and just. | ||
9. The reasonable expenses of witnesses directed under paragraph 8 of this Schedule to attend before a tribunal shall be paid out of moneys provided by the Oireachtas. | ||
10. A person who— | ||
(a) having been directed under the said paragraph 8 to attend before a tribunal and, in the case of a person (other than a member of the Garda Síochána) so directed under subparagraph (b) of that paragraph, having had tendered to him any sum in respect of the expenses of his attendance which a witness summoned to attend before the District Court would be entitled to have tendered to him, without just cause or excuse disobeys the direction, | ||
(b) being in attendance before a tribunal pursuant to a direction under the said subparagraph (b), refuses to take the oath on being required by the tribunal to do so or refuses to answer any question to which the tribunal may legally require an answer, | ||
(c) without just cause or excuse disobeys a direction under subparagraph (b) of the said paragraph 8 in relation to the giving of evidence or the production of a document or thing or a direction under subparagraph (c) or (d) of the said paragraph 8, or | ||
(d) does any other thing in relation to the proceedings before a tribunal which, if done in relation to proceedings before a court by a witness in the court, would be contempt of that court, | ||
shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding £700 or to imprisonment for a term not exceeding six months or to both. | ||
11. If a person gives false evidence before a tribunal in such circumstances that, if he had given the evidence before a court, he would be guilty of perjury, he shall be guilty of that offence. | ||
12. The procedure of a tribunal shall, subject to the provisions of this Act, be such as shall be determined by the Board by rules made by it with the consent of the Minister and the rules shall, without prejudice to the generality of the foregoing, make provision for— | ||
(a) notifying the complainant, the member concerned and the chief executive of the date, time and place of the relevant sitting of the tribunal, | ||
(b) giving the member concerned a statement of the breach or breaches of discipline alleged, the names of the witnesses whom it is proposed to call to give evidence before the tribunal relating to the complaint, a copy of each statement intended to be used at the tribunal and 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 of the complaint, which may be favourable to the member concerned and of which he may be unaware, | ||
(c) enabling the member concerned and the complainant to be present at the relevant sitting of the tribunal and enabling the member concerned to present his case to the tribunal in person or through another member or a legal representative, | ||
(d) enabling written statements to be admissible as evidence by the tribunal with the consent of the member concerned, | ||
(e) enabling any signature appearing on a document produced before the tribunal to be taken, in the absence of evidence to the contrary, to be that of the person whose signature it purports to be, | ||
(f) the examination (on oath or otherwise as the tribunal may determine) of witnesses before the tribunal by the tribunal, | ||
(g) the examination and cross-examination (on oath or otherwise as the tribunal may determine) of witnesses before the tribunal by or on behalf of the chief executive and the member concerned, | ||
(h) the determination by the tribunal whether evidence at the tribunal should be given on oath, | ||
(i) the administration by the chairman of the tribunal of the oath to witnesses before the tribunal, | ||
(j) the announcement at a sitting of the tribunal of the decision or decisions of the tribunal in relation to a matter referred to it, and | ||
(k) the making of a sufficient record of the proceedings of the tribunal. |