Garda Inspector Promotion cheat sheet

Mission: keeping people safe - the stated purpose of An Garda Síochána, delivered through community policing, prevention, detection and prosecution of crime.

Core values under the Code of Ethics: honesty, integrity, professionalism, respect for human rights, accountability, and impartial service to all, without discrimination.

Section 7 of the Garda Síochána Act 2005 requires members to have regard to the Code of Ethics; the Code is issued by the Garda Commissioner with ministerial approval.

The Code of Ethics 2017 is organised around duties: to uphold the law; to respect human rights; to be accountable; to maintain confidentiality; to act with integrity; and to serve the community.

Human rights obligations flow from the Constitution, the ECHR (incorporated via the ECHR Act 2003) and EU law; the Code restates these as daily operational duties.

Integrity duty: members must avoid conduct that brings discredit on the organisation, including off-duty conduct, and must report wrongdoing by colleagues.

Respect for diversity: the Code prohibits discrimination on grounds of gender, civil status, family status, sexual orientation, religion, age, disability, race, or membership of the Traveller community.

The Code requires members to use only the minimum force necessary and to account for any use of force; force must be lawful, proportionate and necessary.

Arrest without warrant: a member may arrest a person under section 4 of the Criminal Justice Act 1984 where there is reasonable cause to suspect the person has committed, is committing, or is about to commit an arrestable offence.

Section 4 arrests require the member to inform the person of the reason for arrest and to bring them before a judge or Peace Commissioner as soon as practicable.

Section 30 of the Offences Against the State Act 1939 permits detention for up to 24 hours (extendable to 72 hours with a District Court or Superior Court extension) for scheduled offences.

Section 15 of the Criminal Justice Act 1984 governs detention after arrest and requires a member not involved in the investigation to review detention periodically.

Section 18 of the Criminal Justice Act 1984 allows detention of a person for up to 6 hours for the purpose of questioning after arrest.

The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 governs the taking of samples and the retention of DNA profiles.

Exclusion of evidence: a court may exclude evidence obtained in circumstances of unfairness or in breach of constitutional rights; the burden of proving voluntariness of a confession is on the prosecution.

Corroboration: a confession alone, without corroboration, is generally insufficient to convict in the Irish courts; the judge must warn the jury of the danger of convicting on uncorroborated evidence.

Road Traffic Act 1961 (as amended) is the principal statute; the Road Traffic Acts 1961–2014 govern offences, licensing, insurance and enforcement.

Driving while intoxicated: section 4 of the Road Traffic Act 2010 covers driving with alcohol above the legal limit; section 5 covers being in charge; section 6 covers driving under the influence of an intoxicant.

Legal alcohol limits (Road Traffic Act 2010): 50mg/100ml blood for experienced drivers; 20mg/100ml for learner, novice and professional drivers.

Mandatory breath testing: members may require a breath specimen at a checkpoint or where they reasonably suspect the person has consumed alcohol; refusal is an offence.

Penalty points and disqualification: the Road Traffic Act 2002 introduced penalty points; a person reaching 12 points in 3 years is disqualified for 6 months.

Collision investigation: first responders secure the scene, preserve evidence, identify witnesses, and record the location, weather, road conditions and vehicle positions.

Use of a collision report: the investigating member completes the official collision report and forwards it to the local superintendent and the Road Safety Authority where required.

Section 106 of the Road Traffic Act 1961 requires a driver involved in a collision to stop, exchange details and report to An Garda Síochána.

Public order offences are set out in the Criminal Justice (Public Order) Act 1994: sections 4–8 cover threatening, abusive or insulting behaviour, affray, and disorderly conduct in a public place.

Section 8 of the 1994 Act allows a member to arrest without warrant a person who is intoxicated in a public place and who is a danger to themselves or others.

Incident command structure: the Gold–Silver–Bronze model is used for major incidents; Gold sets strategy, Silver sets tactics, Bronze delivers operations.

Public Order Unit deployment requires a written operational order, a briefing, and a debrief; the use of force must be recorded and reviewed.

Section 21 of the Criminal Justice (Public Order) Act 1994 creates the offence of entering or remaining on land or premises without lawful authority.

Section 30 of the Offences Against the State Act 1939 permits arrest and detention for scheduled offences; public order incidents involving firearms or explosives may engage this provision.

A member must record the use of force in the use of force register and report it to a supervisor as soon as practicable.

The investigation of serious crime is directed by a Senior Investigating Officer (SIO) who is responsible for the investigation strategy, resources and decision log.

Major investigations use the Garda Síochána Serious Crime Review process and the Major Incident Room (MIR) for intelligence management.

The Criminal Justice (Forensic Evidence and DNA Database System) Act 2014 governs the retention and use of forensic samples and DNA profiles.

Case management: the file must contain the investigation summary, statements, exhibits, forensic reports, and the recommendation of the investigating member.

Disclosure obligations: the prosecution must disclose all relevant material to the defence, including unused material, in accordance with the rules of fair procedure.

The Director of Public Prosecutions (DPP) decides on prosecution; the Garda Síochána prepares the investigation file and forwards it to the DPP.

Preservation of evidence: members must secure the scene, record continuity of exhibits, and maintain the chain of custody in the exhibit log.

Victim and witness support: the Criminal Justice (Victims of Crime) Act 2017 requires members to provide information and support to victims and to conduct a victim impact assessment.

A supervisor is responsible for the conduct, welfare, performance and development of the members under their command.

Performance management: supervisors conduct regular appraisals, set objectives and address underperformance through the Garda Síochána performance management framework.

Discipline: the Garda Síochána (Discipline) Regulations 2007 govern the investigation of breaches of discipline and the conduct of disciplinary proceedings.

A supervisor must ensure members are aware of and comply with the Code of Ethics and relevant legislation, and must address breaches promptly.

Welfare duty: supervisors must monitor members for signs of stress, fatigue or trauma and refer them to the Employee Assistance Programme or occupational health.

Leadership model: the Garda Síochána leadership framework emphasises integrity, accountability, communication and the development of people.

Delegation: a supervisor may delegate tasks but remains accountable for the outcome; delegation must be to a member with the competence and authority to perform the task.

Team briefings and debriefings are a supervisor's responsibility; they must be recorded where operational decisions or use of force are involved.

Critical incident decision-making must be lawful, necessary and proportionate, and must be recorded contemporaneously in the decision log.

The National Framework for Major Emergency Management sets out the roles of An Garda Síochána, the HSE and local authorities in a major emergency.

Gold command sets strategy and is not involved in tactical decisions; Silver command translates strategy into tactics; Bronze delivers the operational response.

A critical incident includes a death in custody, a serious injury, a discharge of a firearm, or a major public order event; it triggers a review and a report to the Garda Síochána Ombudsman Commission (GSOC).

Section 102 of the Garda Síochána Act 2005 requires members to report certain incidents to GSOC, including deaths and serious injuries following Garda contact.

Risk assessment: decisions must consider the risk to the public, to members and to the organisation, and must be reviewed as circumstances change.

A decision log should record the time, the information available, the options considered, the decision made and the rationale.

Community policing is the cornerstone of An Garda Síochána's approach; members are expected to build relationships with local communities and stakeholders.

Joint Policing Committees (JPCs) are established under the Garda Síochána Act 2005 to bring together local authorities, Gardaí and community representatives.

The Garda Síochána Act 2005 requires the Garda Commissioner to consult with communities and to publish a policing plan.

Section 20 of the Garda Síochána Act 2005 provides for the establishment of local policing fora and community engagement structures.

Restorative justice and diversion programmes (including the Garda Youth Diversion Programme) are used to divert young offenders from the criminal justice system.

Communication with victims: the Criminal Justice (Victims of Crime) Act 2017 requires members to provide information in clear language and to keep victims informed of progress.

Media and social media engagement must comply with Garda policy on information disclosure and data protection; members must not disclose operational information.

An Garda Síochána is established under the Garda Síochána Act 2005; the Garda Commissioner is appointed by the Government and is accountable to the Minister for Justice.

The Garda Síochána Ombudsman Commission (GSOC) is an independent statutory body established under the Garda Síochána Act 2005 to investigate complaints against members.

The Policing Authority oversees the performance of An Garda Síochána and appoints senior members below the rank of Commissioner.

The Garda Síochána Inspectorate reviews and reports on the efficiency and effectiveness of the organisation.

Section 102 of the Garda Síochána Act 2005 requires members to report to GSOC any incident involving death or serious injury following Garda contact.

The Garda Síochána Act 2005 provides for the Garda Síochána Ombudsman Commission, the Garda Síochána Inspectorate, and the Policing Authority.

The Minister for Justice is accountable to the Oireachtas for An Garda Síochána; the Garda Commissioner is accountable to the Minister for the performance of the organisation.

The General Data Protection Regulation (GDPR) and the Data Protection Act 2018 govern the processing of personal data by An Garda Síochána.

The Law Enforcement Directive (EU 2016/680) is implemented in Irish law and governs the processing of personal data for law enforcement purposes.

Data protection principles: lawfulness, fairness, transparency, purpose limitation, data minimisation, accuracy, storage limitation, integrity and confidentiality, and accountability.

Members must not access Garda systems for personal reasons; unauthorised access is a disciplinary and criminal offence.

The Garda Síochána (Recording Devices) Act 2023 provides for the use of body-worn cameras and CCTV by members.

Data subject rights under the GDPR include access, rectification, erasure and restriction; law enforcement processing is subject to specific derogations.

A data breach must be reported to the Data Protection Commission within 72 hours where it poses a risk to data subjects.

The Safety, Health and Welfare at Work Act 2005 places duties on employers and employees to ensure a safe working environment.

A member must report accidents, injuries and near misses to a supervisor and record them in the accident report book.

Risk assessments must be carried out for operational activities, including public order events, searches and the use of force.

Personal protective equipment (PPE) must be provided, maintained and used; failure to use PPE may be a disciplinary matter.

Welfare supports include the Employee Assistance Programme, occupational health, peer support and critical incident stress management.

Fatigue management: supervisors must monitor members for fatigue and ensure adequate rest periods, particularly after night duty or critical incidents.

The Garda Síochána has a duty to provide a safe system of work, including training, equipment and supervision, for all operational activities.