New draft Garda disciplinary regulations: key elements

The standard of proof to be applied in disciplinary matters is to be the balance of probabilities.

The standard of proof to be applied in disciplinary matters is to be the balance of probabilities.

• The Garda commissioner can summarily dismiss any member in a case where he or she believes holding an inquiry into a breach of discipline would not affect his or her judgment in the matter.

• A member can be summarily dismissed when he or she compromises the security of the State or unjustifiably infringes the rights of other persons.

• Any members who effectively abandon their duties can be summarily dismissed.

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• Serious breaches of discipline which are not dealt with by the commissioner alone can be dealt with by way of a one-person investigation by a superintendent, which can result in dismissal by the commissioner.

• Serious breaches can also be dealt with by three-officer panels appointed by the commissioner. These can recommend dismissal.

• Minor breaches of discipline can be dealt with in an interview conducted by a superintendent. These can result in sanction up to and including four weeks' pay.

• A member can be suspended when they have committed a criminal offence or have acted in a way that would justify the commencement of disciplinary proceedings.