Garda disciplinary investigation to continue despite acquittal of criminal charges

Ciaran Joyce BL

April 13, 2018

Judicial review – garda disciplinary proceedings – appeal of High Court refusal to restrain Garda disciplinary investigation – Garda Síochána (Discipline) Regulations 2007 (SI No 241 of 2007) – applicant was involved in a single vehicle road traffic accident and charged with failing to report the accident and failing to keep the vehicle at the place of the occurrence of the accident – whether the garda disciplinary investigation could go ahead after the applicant was acquitted of criminal charges – Article 8 of the 2007 Regulations –whether the disciplinary inquiry involved an inquiry into the “same issues” as those in respect of which he had been acquitted – whether it would be unfair and oppressive to commence or continue an investigation – whether the proceedings are premature – scope of the prohibition in Article 8(2) – whether it was necessary for the Garda authorities to have formed a prior opinion regarding the scope of Article 8 of the 2007 Regulations – delegation issue – appeal dismissed.

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