The Supreme Court has lifted a stay on two Garda disciplinary investigations concerning Patrick Hyland and settled the form of order and costs following its earlier substantive judgment.
In a ruling delivered on 12 December 2025, the court confirmed that the Commissioner of An Garda Síochána may make derivative or indirect use of information lawfully learned from Hyland’s phone when carrying out disciplinary functions. However, material copied or downloaded from the phone cannot simply be used directly in the disciplinary proceedings in the manner sought by the Commissioner.
The court refused the Commissioner’s request for a separate declaration spelling out the scope of permissible indirect use. It said the substantive judgment already dealt with that issue sufficiently.
A further dispute concerned the return of Hyland’s phone. Earlier High Court orders had stated that the Commissioner could not retain property seized in a criminal investigation merely because it might be useful in disciplinary proceedings, subject to questions about ownership and whether material on the device could lawfully be possessed.
The Commissioner told the Supreme Court that some material on the phone might constitute child pornography and sought time to address its removal. The Director of Public Prosecutions had decided there would be no prosecution arising from possession of that material.
The Supreme Court made no new order for return of the phone. It said the existing High Court orders should remain in place. The parties can agree how to deal with the device or, failing agreement, Hyland can pursue the matter in the District Court under the Police Property Act 1897 or by other appropriate proceedings.
The stay on disciplinary investigations initiated in August 2019 and July 2020 was lifted.
On costs, the court noted that both sides had succeeded on important points. Hyland was awarded 50% of his costs in the High Court, Court of Appeal and Supreme Court.