Garda Síochána Act 2005

SCHEDULE 5

Breach of Discipline

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 the member of the Garda Síochána in his or her capacity as a member, or

(ii) promptly to do any thing that it is his or her duty as a member of the Garda Síochána to do,

or

( b) doing anything mentioned in subparagraph (a)(ii) in a negligent manner.

3. Falsehood or prevarication, that is to say, in the capacity of a member of the Garda Síochána—

( a) making or procuring the making of—

(i) any oral or written statement, or

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

that, to the member’s knowledge, is false or misleading,

or

( b) doing any of the following with a view to deceiving any person:

(i) destroying or mutilating any official document or record;

>(ii) altering or erasing or adding to any entry in an official document or record.

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 of the Garda Síochána is brought into contact in the execution, or purported execution, of his or her duty.

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

( a) soliciting or receiving as a member of the Garda Síochána and without the consent of the Garda 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 or herself as a member of the Garda Síochána under a pecuniary obligation to any person in a manner that might affect the member’s ability to discharge the duty of a member,

( c) improperly using (or attempting to use) his or her position as a member of the Garda Síochána for his or her 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 or her ability to discharge the duty of 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 is 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 of liquor and drugs, 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 or herself in a manner that 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.