Gardaí and Judges convicted of criminal offences

Carawaystick

Are there minor offences Gardaí or judges can be convicted of and not loose their jobs? is there a defining line or is it on a case by case basis?

I'm thinking of the recent Gardaí convicted of sex assaults and dangerous driving, Brian Curtin for drinking driving,

Then there are judges like Alan Mahon listed as a tax defaulter or the judge last week who had to make a donation to the poor box to avoid a conviction for failure to display a nct cert

ResearchWill

In relation to AGS I assume any conviction will lead to an investigation and possible removal from office, under the internal disciplinary procedures, but each case would have to be taken on its merits.

Judges can only be removed according to the constitution,

A judge of the Supreme Court or the High Court shall not be removed from office except for stated misbehaviour or incapacity, and then only upon resolutions passed by Dáil Éireann and by Seanad Éireann calling for his removal.

As Brian Curtin was a circuit court judge, and the above was going to be invoked it must also cover such judges. The only case is of course Curtin and even though he was not convicted of any crime the above would have happened if he had not resigned.

So simple answer each case on its own merits.

Brother Psychosis

ResearchWill wrote: »

So simple answer each case on its own merits.

but it could be said that in general terms, a summary offence will not affect AGS, as I happen to know of members of AGS and the defence forces with summary convictions while serving members, there employment wasnt affected

and even though he wasnt convicted - http://www.independent.ie/national-news/courts/judge-appears-before-himself-on-nct-charge-2995028.html

coylemj

Brother Psychosis wrote: »

but it could be said that in general terms, a summary offence will not affect AGS, as I happen to know of members of AGS and the defence forces with summary convictions while serving members, there employment wasnt affected

It is a disciplinary offence in AGS to be convicted of any offence in the courts so there would be consequences but the effect on the member's career would depend on the seriousness of the offence. Clearly an assault on a member of the public while on duty would be higher up the scale than being convicted of driving a car with no NCT.

If the authorities become aware of a member's conviction, it could lead to a disciplinary process which could lead to a reprimand which would go on his/her record so while their 'employment' might not be affected in the sense that they weren't fired, it can still have consequences that could have an effect on their chances of promotion in the future.

Carawaystick

As I was writing the question, I kind of reckoned for Gardaí there might be some broad guidelines,
and as for judges, would they still need to be impeached if convicted of murder? I guess they would.

What brought this to mind was the convictions and punishments for the yards for the two sexual assaults. Seemed light enough punishment, but maybe there was some presumption of losing his job by the judges?

Brother Psychosis

coylemj wrote: »

It is a disciplinary offence in AGS to be convicted of any offence in the courts so there would be consequences

sorry, i drew a line between a disciplinary matter and something that would mean a P45 as OP only mentioned losing jobs

tiktock7aclock

I would imagine if the events constituted Impeachment, there is an obligation through the Constitution to have the case investigated and the official removed from office.