Garda Síochána Act 2005

8

Prosecution of offences by members of Garda Síochána.

8.— (1) No member of the Garda Síochána in the course of his or her official duties may institute a prosecution except as provided under this section.

(2) Subject to subsection (3), any member of the Garda Síochána may institute and conduct prosecutions in a court of summary jurisdiction, but only in the name of the Director of Public Prosecutions.

(3) In deciding whether to institute and in instituting or conducting a prosecution, a member of the Garda Síochána shall comply with any applicable direction (whether of a general or specific nature) given by the Director of Public Prosecutions under subsection (4).

(4) The Director of Public Prosecutions may give, vary or rescind directions concerning the institution and conduct of prosecutions by members of the Garda Síochána.

(5) Directions under subsection (4) may be of a general or specific nature and may, among other things, prohibit members of the Garda Síochána from—

( a) instituting or conducting prosecutions of specified types of offences or in specified circumstances, or

( b) conducting prosecutions beyond a specified stage of the proceedings.

(6) If a prosecution is instituted or conducted by a member of the Garda Síochána in the name of the Director of Public Prosecutions—

( a) the member is presumed, unless the contrary is proved, to have complied with this section and any applicable direction given by the Director under this section, and

( b) nothing done by the member in instituting or conducting the prosecution is invalid by reason only of the member’s failure to comply with this section or that direction.

(7) Nothing in this section—

( a) precludes the Director of Public Prosecutions from, at any stage of the proceedings, assuming the conduct of a prosecution instituted by a member of the Garda Síochána, or

( b) authorises a member of the Garda Síochána to institute a proceeding without the consent of the Director of Public Prosecutions if an enactment prohibits the institution of that proceeding except by or with the Director’s consent.

(8) For the purpose of this section—

( a) a direction is of a general nature if it relates to a class of prosecutions, and

( b) a direction is of a specific nature if it relates to the prosecution of a person for a specific offence.