Garda Sergeant Promotion flashcards

32 cards. Read the term and the definition here. The deck at the top of this page is optional.

Actus reus

The prohibited conduct or omission that constitutes the physical element of a criminal offence, which must generally be proven alongside the mental element.

Mens rea

The mental element of an offence, such as intention, recklessness, or knowledge, which the prosecution must prove to secure a conviction.

Section 4 detention

Detention under the Criminal Justice Act 1984, initially six hours and extendable to a maximum of twenty-four hours on statutory grounds.

Beyond reasonable doubt

The standard of proof the prosecution must meet in a criminal trial; it is the highest standard applied in Irish criminal proceedings.

Exclusion of confessions

Confession evidence is inadmissible where obtained by oppression or in circumstances that make it unreliable, regardless of its apparent truth.

Chain of custody

The documented record of who handled a physical exhibit, when, and how, used to show it has not been tampered with or contaminated.

Penalty points

Points attached to specified road traffic offences; accumulating twelve points results in automatic disqualification for six months.

Fixed charge notice

A notice offering a person the option of paying a fine within a set period instead of being prosecuted in court for a specified offence.

Mandatory intoxicant testing

A legal requirement to provide a breath, blood, or urine specimen at checkpoints or after certain offences, with refusal itself being an offence.

Gold command

The strategic command level in a major incident, responsible for setting objectives, priorities, and overall policy rather than tactical direction.

Bronze command

The operational command level in a major incident, responsible for delivering tactics on the ground within the silver commander's plan.

Dynamic risk assessment

An ongoing assessment of risk conducted before and during an operation, reviewed as circumstances change, to inform decisions and safety.

Proportionate force

The principle that force used must be necessary, the minimum required in the circumstances, and balanced against the harm it addresses.

SARA model

A problem-solving framework for community policing: Scanning, Analysis, Response, and Assessment of the intervention's effectiveness.

Joint policing committee

A statutory local forum bringing together Gardaí and local authority members to coordinate and review policing and community safety matters.

Code of Ethics

The published standards of conduct for members of An Garda Síochána, covering integrity, impartiality, confidentiality, and respect for human rights.

Neglect of duty

A disciplinary breach where a member fails to carry out a required duty or acts carelessly, distinct from deliberate discreditable conduct.

GSOC

The Garda Síochána Ombudsman Commission, an independent body that investigates complaints against members and certain specified incidents.

Suspension from duty

A temporary removal of a member from operational duties, authorised by a designated senior officer, pending investigation or disciplinary outcome.

Garda Síochána Act 2005

The principal statute establishing An Garda Síochána, defining the Commissioner's functions, oversight arrangements, and regulation-making powers.

Hybrid offence

An offence that may be tried summarily in the District Court or on indictment, with the choice depending on the prosecution and the accused's consent.

Summary offence

A minor offence tried in the District Court without a jury, generally subject to a statutory time limit for commencement of proceedings.

Article 5 ECHR

The right to liberty and security, permitting deprivation of liberty only on specified grounds such as lawful arrest or conviction.

Article 8 ECHR

The right to respect for private and family life, home, and correspondence, engaged by searches, surveillance, and data processing.

Special category data

Personal data revealing racial or ethnic origin, health, religion, or similar sensitive matters, requiring additional justification to process.

Data minimisation

The principle that personal data collected must be adequate, relevant, and limited to what is necessary for the stated purpose.

Data subject access

A person's right to obtain confirmation of whether their personal data is processed and to receive a copy, subject to statutory exemptions.

Public order offence

Threatening, abusive, or insulting behaviour in a public place likely to cause breach of the peace, under the Public Order Act 1994.

Section 8 direction

A direction given by a member under the Public Order Act 1994 for a person to desist from certain conduct, with failure to comply being an offence.

Graduated response

A crowd control principle of escalating from communication and containment to more forceful measures only as necessary and proportionate.

Performance management cycle

A recurring process of setting objectives, reviewing performance, giving feedback, and planning development for each member.

Accountability in delegation

The principle that a supervisor may delegate tasks but retains responsibility for the outcomes of the delegated work.