Hegarty v The Commissioner of an Garda Siochana (Approved) [2025] IESC 36 (17 July 2025)

Hegarty v The Commissioner of an Garda Siochana (Approved) [2025] IESC 36 (17 July 2025)

The Commissioner cannot invoke s. 14(2) of the Garda Síochána Act 2005 to dismiss a member for conduct that has already been the subject of a disciplinary process and sanction under the Regulations, as doing so would breach the principles of constitutional justice and fundamental fairness by subjecting the member to a second sanction for the same conduct.

Citation
[2025] IESC 36
Parties
Applicant/respondent: Raymond Hegarty; Respondent/appellant: The Commissioner of An Garda Siochana
Jurisdiction
Ireland
Judgment Date
17 July 2025
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Disciplinary Proceedings, Double Jeopardy, Constitutional Justice, Statutory Interpretation, Police Disciplinary Process
Constitutional Law Administrative Law Employment Law Disciplinary Proceedings Double Jeopardy Constitutional Justice Statutory Interpretation Police Disciplinary Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Raymond Hegarty

Applicant/respondent

The Commissioner of An Garda Siochana

Respondent/appellant

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether s. 14(2) of the Garda Síochána Act 2005 can be invoked to dismiss a Garda member for conduct already sanctioned under disciplinary regulations
  2. 2 Whether the Commissioner may overrule an Appeal Board's decision by invoking s. 14(2) for the same conduct
  3. 3 Whether such invocation breaches constitutional justice and fundamental fairness

Ratio Decidendi

The Commissioner cannot invoke s. 14(2) of the Garda Síochána Act 2005 to dismiss a member for conduct that has already been the subject of a disciplinary process and sanction under the Regulations, as doing so would breach the principles of constitutional justice and fundamental fairness by subjecting the member to a second sanction for the same conduct.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The Commissioner may not invoke s. 14(2) to dismiss the respondent for conduct already sanctioned under the disciplinary process.