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 Commissioner is […]
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 […]
Until the beginning of the 19th Century, the police were under the control of the Grand Jury. By the 17th Century, there were in theory at least high constables, for Barony and petty of parish constables for each parish. The Grand Jury appointed the high constables from 1734. The Justice of the Peace appointed the petty constable if the sheriffs and seneschals failed to do […]
A member of the Garda Siochana has the powers and duties of a peace officer. These are in addition to the powers and duties conferred by the common law on individuals. Although members of an Garda Siochana exercise many of the powers that all members of the society can exercise, they have special responsibilities and additional privileges and powers as peace officers and as conferred […]
English Practice The private constable developed from the tithing-man which was part of the Anglo-Saxons’ system of policing. Under the under the laws of Canute, every free man over the age of 12 had to be a member of a tithing. If a member of the tithing committed a crime, the others had to produce him to court and pay the fine incurred if the […]
The EUROPOL Act, 2012 re-enacts existing provisions with respect of the European Police Office (EUROPOL). It implements E.U. Council Decision 2009 replacing the existing Europol convention and protocols. These have been given the force of law by the Europol Act 1997 amended in 2006. Europol has legal capacity and may sue and be sued, hold assets etc. The designated authorities for the purpose of the […]
The formal inquiry procedure may be adopted where the summary procedure is not appropriate for use. The appointing officer forwards documents to the Commissioner relating to the subject matter of the complaint. The inquiry is held either by one or more officers appointed for that purpose by the Commissioner. Where one officer is involved, he must be of a rank not less than Chief Superintendent […]
The Garda Síochána may enter arrangements with other law enforcement agencies outside the State. An Garda Síochána may enter arrangements to provide police services on private property or in areas opened to the public, if it is in the public interest to do so and consistent with the functions of the member of Garda Síochána. The services may be charged out to the promoters of […]
The statutory policing principles are that policing services are to be provided independently and impartially, in a manner that respects human rights, and in a manner that supports the proper and effective administration of justice. The principle that effective and efficient policing is dependent on securing the confidence, support and co-operation of local communities and engaging with them. The objectives of the Garda Síochána are […]
The Garda Síochána was reorganised by the Garda Síochána Act 2005. The legislation updated and consolidated the existing legislation. It also provided for The Garda Síochána Ombudsman and The Garda Síochána Inspectorate. The legislation reconstitutes the Garda Síochána and provides for its financing by the State. Personnel and Organisation The government appoints the Garda Síochána Commissioner and the Deputy and Assistant Garda Commissioner. The government […]
The Garda Síochána was established by the Police Force Amalgamation Act 1925. This merged the Garda Siochana as established in 1923 with the Dublin Metropolitan Police into a single force. The Garda Síochána itself is not a legal entity. It is a body of officers and men, collectively. This followed the preexisting position prior to independence. Although the Commissioner has overall responsibility for Garda Síochána, […]
A disciplinary regime is an integral part of all police force. The Garda Síochána disciplinary rules are found in statutory instruments. The Garda Síochána as a whole is under the general direction and control of the Commissioner. There is a hierarchy of ranks which implicitly marks out authority and control over lower ranking members. The Commissioner has the power of dismissing, suspending and the demoting […]
The Garda Síochána Act 2005 replaced previous Garda Síochána complaint system. It established the Ombudsman Commission to consist of three members appointed by the President on the nomination of the government and approval of both Houses of the Oireachtas. One member is chairman, at least one is a woman and at least one is a man. A higher court judge may be appointed to be […]