Garda Síochána Act 2005

87

Determination of whether complaint is admissible.

87.— (1) On receiving a complaint directly from a complainant or receiving a copy or record of a complaint from the Garda Commissioner or a member of the Garda Síochána, the Ombudsman Commission shall determine whether the complaint is admissible or inadmissible.

(2) Subject to subsection (3), a complaint concerning the conduct of a member of the Garda Síochána is admissible if—

( a) the complaint is made by or on behalf of a member of the public authorised under section 83 to make the complaint,

( b) the conduct alleged would, if substantiated, constitute misbehaviour by the member of the Garda Síochána,

( c) the complaint is made within the time allowed under section 84 , and

( d) the complaint is not frivolous or vexatious.

(3) The following matters are not admissible complaints:

( a) a complaint in so far as it relates to the general direction and control of the Garda Síochána by the Garda Commissioner;

( b) a complaint about the conduct of a member of the Garda Síochána while the member was not on duty, unless the conduct alleged would, if proved, be likely to bring discredit on the Garda Síochána.

(4) A complaint concerning a person who, at the time of the conduct that is the subject matter of the complaint, was a member of the Garda Síochána is not inadmissible by reason only that the person—

( a) is, at the time the complaint is made, no longer a member, or

( b) retires or resigns from the Garda Síochána at any time after the making of the complaint.

(5) Nothing in this section is to be taken to limit the application of section 93 .