Garda Síochána Act 2005

91

Investigation of complaints concerning death of, or serious harm to, a person.

91.— (1) If a complaint concerns the death of, or serious harm to, a person as a result of Garda operations or while in the custody or care of the Garda Síochána, the Ombudsman Commission shall immediately direct a designated officer to—

( a) examine the complaint for the purpose of recommending whether the complaint should be investigated under section 95 or 98 , and

( b) report his or her recommendation to the Commission as soon as practicable.

(2) On receiving the designated officer’s recommendation, the Ombudsman Commission shall either—

( a) conduct an investigation under section 95 , or

( b) direct a designated officer of the Commission to investigate the complaint under section 98 .