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20 2005

Garda Síochána Act 2005

PART 2

Garda Síochána

Chapter 1

General

Continuation of Garda Síochána.

6. —(1) The police force called the Garda Síochána continues in being under this Act as a police service.

(2) The Government may continue to maintain, equip and pay the Garda Síochána.

Function of Garda Síochána.

7. —(1) The function of the Garda Síochána is to provide policing and security services for the State with the objective of—

(a) preserving peace and public order,

(b) protecting life and property,

(c) vindicating the human rights of each individual,

(d) protecting the security of the State,

(e) preventing crime,

(f) bringing criminals to justice, including by detecting and investigating crime, and

(g) regulating and controlling road traffic and improving road safety.

(2) For the purpose of achieving the objective referred to in subsection (1), the Garda Síochána shall co-operate, as appropriate, with other Departments of State, agencies and bodies having, by law, responsibility for any matter relating to any aspect of that objective.

(3) In addition to its function under subsection (1), the Garda Síochána and its members have such functions as are conferred on them by law including those relating to immigration.

(4) This section does not affect any powers, immunities, privileges or duties that members of the Garda Síochána have by virtue of any other enactment or at common law.

(5) This section is not to be taken to confer on any person a right in law that he or she would not otherwise have to—

(a) require the Garda Síochána to perform a function or provide a service referred to in this section or to desist from any action, or

(b) seek damages for a member of the Garda Síochána's performance of, or failure to perform, such function or for his or her provision of, or failure to provide, such service.

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.