Policing, Security and Community Safety Act 2024 The Policing, Security and Community Safety Act 2024 provides for the establishment of the office of the Independent Examiner of Security Legislation to enhance national security arrangements. The primary function of the Independent Examiner will be to keep under review the operation and effectiveness of security legislation to ensure security legislation remains necessary and fit for purpose, and contains […]
Policing, Security and Community Safety Act 2024 Part 6 of the Policing, Security and Community Safety Act 2024 provides for the Police Ombudsman (as renamed and reorganised under Part 5) to have an expanded remit and streamlines the processes and procedures for the handling of complaints and the conduct of investigations to support timely, more transparent and effective resolution while safeguarding due process for all concerned. The […]
Policing, Security and Community Safety Act 2024 The Policing, Security and Community Safety Act 2024 provides for the reorganisation of the three-person Garda Síochána Ombudsman Commission (GSOC) whose primary concern under the Act of 2005 is complaints in respect of members of An Garda Síochána. Under the 2024 Act GSOC will continue in being as the Office of the Police Ombudsman under an Ombudsman/Deputy Ombudsman structure […]
Whole of Government Approach This Part provides for a strategic framework at national and local level to underpin a whole of Government approach to achieve the objective of promoting safer communities. Community safety is a broad concept and for the purposes of the 2024 Act may be understood (as set out in the long title) as relating to improving the safety and perception of safety […]
Background and Purpose The Policing, Security and Community Safety Act 2024 Act is a key part of the Government’s policing reform plan – A Policing Service for Our Future (APSFF) – developed to implement the recommendations of the 2018 Report of the Commission on the Future of Policing in Ireland (CoFPI) and fulfils a commitment in the Programme for Government: Our Shared Future. It provides […]
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 mades 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 […]
18th Century 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 […]
Role of Garda 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 on individuals by the common law. 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 […]
Anglo-Saxon Background The private constable developed from the tithing-man which was part of the Anglo-Saxons’ system of policing. Under the 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 individual […]
Europol in Ireland 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 […]
Formal Inquiry 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 […]
Arrangements with Providers A Garda Síochána may enter arrangements to provide police services on private property or in areas open 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 relevant events. Examples of the types of events concerned include […]
Policing Principles 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 is that effective and efficient policing is dependent on securing the confidence, support and cooperation of local communities and engaging with them. The objectives of the […]
Senior Officers 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. The government appoints the Garda Síochána Commissioner and the Deputy and Assistant Garda Commissioner. The government may […]
General 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 was a body of officers and men collectively. This followed the preexisting position prior to independence. Although the Commissioner has overall responsibility for Garda […]
Overview A disciplinary regime is an integral part of all police forces. 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 demoting […]
Ombudsman Commission The Garda Síochána Act 2005 replaced the 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 […]