Garda Síochána Act 2005

94

If complaint is referred to Garda Commissioner.

94.— (1) On referral of a complaint under section 92(a), the Garda Commissioner shall—

(a) appoint a member of the Garda Síochána to investigate the complaint under the Disciplinary Regulations, and

(b) ensure that the appointed member has not been involved in any capacity in relation to an earlier aspect of the case.

(2) The Ombudsman Commission may require that no appointment be made under this section without its prior approval of the member whom the Garda Commissioner proposes to appoint.

(3) The Ombudsman Commission may decide, either on referring the complaint under section 92(a) or at any time during the investigation, to supervise the investigation of a complaint if it considers it desirable in the public interest to do so.

(4) The Ombudsman Commission shall notify the Garda Commissioner of its intention to supervise the investigation of a complaint.

(5) If the investigation is supervised, the Ombudsman Commission may do one or more of the following:

(a) require the appointed member to keep it informed of the progress of the investigation;

(b) require the appointed member to submit to it such interim reports at such times and in relation to such matters as the Commission may direct;

(c) arrange for a designated officer of the Commission to be present during any interview conducted by the appointed member in the course of the investigation;

(d) direct the appointed member to investigate further any aspect of the complaint.

(6) If the investigation is supervised, the appointed member shall submit a report on the results of the investigation to the Ombudsman Commission as soon as practicable after completing the investigation and within the time limit that the Commission may specify for submission of the report.

(7) If the Ombudsman Commission, after considering the report submitted under subsection (6), is of the opinion that a breach of the Disciplinary Regulations F139[may have been committed] by the member of the Garda Síochána whose conduct was under investigation, it shall make a report in accordance with section 97 to the Garda Commissioner.

(8) If the Ombudsman Commission, after considering the report submitted under subsection (6), is of the opinion that the conduct under investigation may constitute an offence by the member of the Garda Síochána concerned, the Commission shall—

(a) direct a designated officer to investigate the complaint under section 98, or

(b) comply with section 101(2) as though the report had been made by a designated officer under section 101(1).

(9) If the investigation is not supervised, the Garda Commissioner shall inform the Ombudsman Commission, the complainant and the member of the Garda Síochána whose conduct was under investigation of—

(a) the results of any disciplinary proceedings instituted following the investigation or, if no such proceedings are instituted, of the results of the investigation, and

(b) if appropriate, any action that the Garda Commissioner proposes to take in relation to that member.

(10) If dissatisfied with the results of an unsupervised investigation or with any disciplinary proceedings instituted as a result of that investigation, the complainant may request the Ombudsman Commission to review the matter.

(11) Following a review of the matter, the Ombudsman Commission may—

(a) request the Garda Commissioner to review the investigation of the complaint and to report back to it concerning any further action that he or she proposes to take in the matter, or

(b) if it considers it necessary to do so, either investigate the complaint under section 95 or direct a designated officer of the Commission to investigate the complaint under section 98.

(12) Nothing in this section prevents the Ombudsman Commission from deciding at any time to take over the investigation of a complaint referred by it to the Garda Commissioner.

Annotations

Amendments:

F139

Substituted (18.05.2007) by Criminal Justice Act 2007 (29/2007), s. 43(i), S.I. No. 236 of 2007.