Garda Síochána Act 2005

55

Breach of discipline by seconded member of Garda Síochána.

55.— (1) A member of the Garda Síochána who, while on secondment to the Police Service of Northern Ireland, does or omits to do any act the doing or omission of which by a member of that service would constitute a breach of discipline is liable on the expiry or termination of the period of secondment to disciplinary action by the F98 [ the Garda Commissioner, the Authority or the Government, as may be appropriate ], in respect of the breach.

(2) Disciplinary action under subsection (1) may be based on—

( a) a finding, under the law and procedure for the time being applicable in relation to the investigation of breaches of discipline by members of the Police Service of Northern Ireland, that the member of the Garda Síochána concerned is in breach of discipline,

( b) a decision on any appeal against or review of the finding,

( c) any relevant court proceedings, and

( d) any related documents.

(3) Before taking any disciplinary action under subsection (1), the F99 [ the Garda Commissioner, the Authority or the Government ], as the case may be, shall—

( a) send a copy of the findings to the member of the Garda Síochána concerned, and

( b) give that member an opportunity, within a specified period, to show cause why the action should not be taken against him or her.

(4) The Disciplinary Regulations may make provision for the procedures to be followed after the receipt by the member concerned of the copy of the findings referred to in subsection (3).

(5) In any proceedings—

( a) a document purporting to be a finding or decision mentioned in subsection (2) is evidence, unless the contrary is proved, of the finding or decision, and

( b) a document purporting to be a report of court proceedings or a related document mentioned in that subsection is evidence, unless the contrary is proved, of the matters referred to in the report or related document.

(6) In this section “breach of discipline” means an act or omission that if done or made by a member of the Police Service of Northern Ireland could be the subject of disciplinary action by the authorities in Northern Ireland.

Annotations:

Amendments:

F98

Substituted (1.01.2017) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 41(1)(a), S.I. No. 633 of 2016, subject to transitional provisions in subss. (2) and (3).

F99

Substituted (1.01.2017) by Garda Síochána (Policing Authority and Miscellaneous Provisions) Act 2015 (49/2015), s. 41(1)(b), S.I. No. 633 of 2016, subject to transitional provisions in subss. (2) and (3).