Constitution of the Defence Forces The Defence Forces are comprised of the Permanent Defence Force and the Reserve Defence Force, each consisting of army, naval, and air components. The Permanent Defence Force includes officers, enlisted men, and members of the Army Nursing Service, while the Reserve Defence Force includes officers and enlisted men who can be called upon when needed. The Reserve Defence Force is […]
Private Security Authority. There stands established a body to be known as the Private Security Authority, or in the Irish language An tÚdarás Slán dála Príobháidí, to perform the functions conferred on it by this Act. The Authority shall, subject to this Act, be independent in the exercise of its functions. The Authority shall be a body corporate with perpetual succession. The Authority shall consist […]
Security Services A “security service” means a service provided by a private security employer or by any one of the following persons in the course of an employment or as an independent contractor (but, except in the case of a door supervisor or security guard, does not include a service provided by a person whose principal function is to provide it only for the person’s […]
Investigations by Authority. The Authority may of its own motion investigate any security services being provided by any person. For the purposes of such an investigation the Authority— may by notice in writing require any person who in its opinion is in possession of information, or has any record or thing in the person’s possession or under the person’s control, that is relevant to the […]
Application for licence An application to the Authority for a licence to provide a security service shall be in the prescribed form and be accompanied by— the prescribed fee, and such references as to the applicant’s character and competence as the Authority may require, and shall contain such other information as may be required by the Authority. The Authority may require that the applicant’s signature […]
Private Security Appeal Board. There stands established a body to be known as the Private Security Appeal Board (in the Act referred to as “the Appeal Board”), or in the Irish language An Bord Achomhairc um Shlándáil Phríobháideach, to hear and determine appeals against decisions of the Authority. The Appeal Board shall be independent in the performance of its functions. Appeal to High Court Within […]
Primary Purpose of the Act The primary purpose of the Criminal Justice (Mutual Recognition of Custodial Sentences Act 2023 is to implement European Union Framework Decision 2008/909/JHA on the application of the principle of mutual recognition to judgments in criminal matters imposing custodial sentences or measures involving deprivation of liberty for the purpose of their enforcement in the European Union. Under the Council of Europe […]
Background Civil Defence (Cosaint Shibhialta), established in 1951, is a statutory volunteer-based organisation which is organised at a local authority level. In central Government terms, responsibility for the organisation falls under the aegis of the Department of Defence. The White Paper on Defence 2015 identified the need to provide a more modern aggregated piece of governing legislation concerning Civil Defence and a commitment was made […]
Common EU Framework CRIMINAL JUSTICE (MUTUAL RECOGNITION OF PROBATION JUDGMENTS AND DECISIONS) ACT 2019 The main purpose of the Act is to transpose Council Framework Decision 2008/947/JHA of 27 November 2008 on the application of the principle of mutual recognition of judgments and probation decisions with a view to the supervision of probation measures and alternative sanctions. The effect is to allow an Irish resident […]
Purpose of the Act The purpose of Vehicle Registration Data (Automated Searching and Exchange) Act 2018 is to give effect to certain measures of the European Council Decisions 2008/615/JHA and 2008/616/JHA (generally referred to as the ‘Prüm Decisions’ after the town in Germany where the basis of the Decisions was originally agreed); and to provide for related matters. The Decisions are binding on all EU […]
Documents for service outside State A court in this country may issue a document to be served on a person present in another state in the context of criminal proceedings. It provides for the translation of the document if required. If the document requires the recipient to appear in proceedings, a penalty for nonappearance will not be referred to in the document, and also sets […]
Search for Evidence The provisions are based on those contained in the Criminal Justice Act 1994. A judge may issue a letter to another state requesting assistance in obtaining evidence where it appears to him or her that criminal proceedings have commenced or a criminal investigation is underway in another state and where pertinent evidence may be obtained in that state. The Director of Public […]
Evidence from person in designated state The 2008 Act provides a procedure for obtaining evidence abroad for the purpose of criminal proceedings or a criminal investigation in the State. It is based on provisions contained in the Criminal Justice Act 1994. It provides that, where it appears to a judge of any court that a criminal investigation or criminal proceedings are underway, a letter of […]
Request for confiscation of property in designated state Where a confiscation order is made relating to property in a designated state, the court shall on request provide the Director of Public Prosecutions with an authenticated copy of the order and a certificate. The certificate must detail whether the order is subject to appeal and if so when the time for lodging an appeal shall expire, […]
Freezing order relating to evidence Introductory Part 4 of the Act gives effect to the Council Framework Decision of 22 July 2003 on the execution in the European Union of orders freezing property or evidence. This provision applies where a criminal investigation or criminal proceedings are underway in the State. It allows for an application to be made by the Director of Public Prosecutions or […]
Interception of Communications Articles 17 to 22 of the 2000 Convention make provision for the interception of telecommunications. The 2008 Act contains definitions of certain terms used in this Part. The following deals with interception of telecommunications where technical assistance is required from a member state. Request to member state for interception The 2008 Act sets out the circumstances in which a request may be made […]
INFORMATION ABOUT FINANCIAL TRANSACTIONS FOR CRIMINAL INVESTIGATION PURPOSES This Part gives effect to the provisions in the 2001 Protocol, which makes provision for the sharing of information and monitoring of banking transactions for criminal investigation purposes. Information about financial transactions for use in the State There are provisions which deal with obtaining information about financial transactions for the purpose of a criminal investigation in the […]
EU Mutual Assistance Agreements Introduction The purpose of the Mutual Assistance Act 2008 is to give effect to provisions in seven mutual legal assistance instruments, viz.: the Convention on Mutual Assistance in Criminal Matters between the Member States of the European Union done at Brussels on 29 May 2000 [the 2000 Convention]; the Protocol to that Convention done at Luxembourg on 16 October 2001 [the […]
Cooperation Instruments The Criminal Justice (Mutual Assistance) Act 2008 gives effect to a number of international agreements within the EU and otherwise in respect of mutual assistance in criminal investigation matters. It gives effect to a number of agreements at EU level, including the Convention on Mutual in Criminal Matters 2000, certain protocols to that Convention, Agreement with certain EFTA countries, Schengen Convention, Co-operation Agreement […]
Freezing Order Outwards Part 4 gives effect to the Council Framework Deci sion on the execution in the European Union of orders for freezing property and evidence. It also contains provisions dealing with freezing and confiscation and co-operation orders previously dealt with under the regulations under the Criminal Justice Act 1994. Where a criminal investigation or proceedings are underway in the State, an application may […]
Overview A prison officer shall, in relation to prisoners in his charge or supervision, ensure maintenance of good order safe and secure custody, interact with each prisoner in a manner that supports his rehabilitation and welfare and where he is of the opinion that the prisoner needs medical, psychiatric or other assistance or special care, or closer observation, inform an officer of higher rank or […]
General Structure of Prisons Subject to the directions of the Minister and the Director General of the Prison Service, the Governor is responsible for the management of the prison of which he is Governor. He shall conduct himself and perform his functions in such a manner as to influence prisoners for good by his or her example, maintain the respect of prisoners in the prison […]
2015 Act The Garda Síochána (Policing Authority and Miscellaneous. Provisions) Act 2015 established a new policing authority to oversee the performance of an Garda Síochána’s in the provision of its policing functions. It performs functions, many of which were formerly exercised by the government or the Minister for Justice and Equality. The Act makes new provision for the appointment of a Garda Commissioner. The Garda […]
2022 Act Reform The main purpose of the Act is to repeal and replace the Garda Síochána (Compensation) Acts 1941 to 1945. The Acts of 1941 to 1945 provide for compensation in respect of death or injury which is maliciously inflicted upon a member of An Garda Síochána while on duty, or in connection with their duties. The previous scheme operated on the basis that […]
Appeal Court The Court Martial Appeal Court was established in 1983. Under the Courts and Court Offices Act 1995, powers are transferred to a division of the Supreme Court. They have been transferred to the Court of Appeal. The court-martial appeals court comprises a chief justice and two high-court judges. The appeal court may affirm, quash the conviction or order a retrial, convict on substitute […]
Army Pensions Army pension entitlements are laid down in extensive legislation. This is relatively unusual in the public sector. More commonly, the major public service schemes are made under more general legislation. An application for a pension is made to the Minister for Defence, and the matter is referred to the Army Pension Board. The Minister may decide the matter himself if a reference or […]
Military Law Members of the Defence Forces are subject to military law. This applies equally to officers and non-commissioned officers and soldiers. They are also subject to the laws of the State. The purpose of military law is to maintain discipline and good order in the Defence Forces. Good order, discipline and obedience to commands are essential parts of the Defence Forces and military law […]
Revised Courts Martial The more serious disciplinary offences by members of the Defence Forces may be tried by court-martial. The commanding officer may remand an accused soldier for court-martial trial if the offence is triable only by court-martial if the accused elects for trial by court-martial in certain cases, or where it is triable summarily or by court-martial and the commanding officer or the superior […]
Transfer Outwards The Transfer of Sentenced Persons Act makes provision for the transfer between the State and places outside the State of persons who are detained in prisons, hospitals and other institutions by order of courts in the exercise of criminal jurisdiction. It is made under the Council of Europe Convention on the Transfer of Sentenced Persons made in Strasburg 1983 as amended. A sentenced […]
Discharge Persons may be discharged from the military by order of prescribed military authority on foot or a sentence of discharge with or without ignominy by court-martial or in pursuance of the direction of the Minister or authorised officer for prescribed reason. Prescribed reasons (by which person may be discharged by direction of the Minister or officer authorised) include improper enlistment, application for discharge by […]
Enlistment The Adjutant General is responsible for personnel matters in the Defence Forces. Enlistment is undertaken by taking an oath but is based on contractual terms. The contract has certain statutory terms and conditions. However, a soldier is an office holder and not an employee. Age limits, heights and physical standards are prescribed. Soldiers may enlist for a period of 12 years or a lesser […]
Breach of Discipline Breach of the matters set out, are disciplinary breaches. Where a prisoner is alleged to have committed a breach of discipline, the Governor may hold an inquiry into the breach. If he does not do so, he should record the reason. Disciplinary action may be taken by the Governor following an enquiry. Where the Governor decides to hold an inquiry into the […]
Prisoner Meetings The Governor shall meet with the prisoner where he so requests. The prisoner may make a complaint or, at the request of the governor, bring matters to his attention relating to the prisoner, in respect to which a decision is warranted. Upon making a decision, the prisoner is to be notified as soon as practicable. Particulars of the request and the decision are […]
Inspector of Prisons The Prisons Act provides for the appointment of an inspector of prisons. The inspector’s functions are to carry out regular inspections of prisons. He may enter any prison and obtain records and documents. He may bring issues of concern to the attention of the governor, the director general of the Irish Prison Service or the Minister as he considers appropriate. The Minister […]
Special Prison Procedure The Prisons Act 2007 introduces a special mechanism for the construction of new prisons. The normal planning rules are varied. It provides for special planning provisions. The Minister must direct that the provisions apply to the prison development covered by the legislation. An approved development is not subject to the Planning Acts, the Building Control Acts or the National Monument Act. Provision is […]
Visits A convicted prisoner over 18 years is entitled to receive not less than one visit from relatives and friends in each week of not less than 30 minutes duration. A person under 18 is entitled to two such visits weekly. An unconvicted prisoner is entitled to one visit per day of not less than 15 minutes duration on each six days of the week. […]
Power to Make Rules The Prisons Act 2007 makes provision for making rules for the good government of prison. They may provide for the duties and conduct of the governors and officers of a prison, classification and treatment of prisoners, provision of facilities and services to prisoners, acts which constitute a breach of prison discipline, remission of a portion of a prisoner’s sentence, the manner […]