Garda Síochána Act 2005

83

How complaints are made by members of the public.

83.— (1) Subject to section 84, a complaint concerning any conduct of a member of the Garda Síochána that is alleged to constitute misbehaviour may be made to the Ombudsman Commission—

(a) by a member of the public who is directly affected by, or who witnesses, the conduct, or

(b) on behalf of that member of the public, by any other person if the member of the public on whose behalf the complaint is being made consents in writing or orally to its being made or is, because of age or a mental or physical condition, incapable of giving consent.

(2) The complaint may be made directly to the Ombudsman Commission or by stating, giving or sending it—

(a) to the Garda Commissioner,

(b) to any member of the Garda Síochána at a Garda Síochána station, or

(c) to a member at or above the rank of chief superintendent at a place other than a Garda Síochána station,

for forwarding under section 85 to the Ombudsman Commission.

(3) A complaint may be made directly to the Ombudsman Commission by stating it to an officer of the Commission or by giving or sending it to an officer or member of the Commission.