INFORMATION FOR GARDAÍ
Who can complain to the Garda Ombudsman?
Any member of the public who is directly affected by, or who witnesses conduct by a member of the Garda Síochána that is alleged to constitute misbehaviour can complain to the Garda Ombudsman.
In many circumstances, a person may make a complaint on behalf of another with his/her consent.
For more information on the complaints process please »click here.
»back to top
Can the Garda Ombudsman receive complaints from members of the Garda Síochána?
No. The Garda Ombudsman can only receive complaints from or on behalf of members of the public.
»back to top
How will a member of the Garda Síochána know if a complaint is made against them?
If the complaint alleges a breach of discipline and if it is deemed inadmissible by the Garda Ombudsman, the Garda member will be notified in writing.
If the complaint is deemed to be admissible, the Garda member will be notified by the Garda Commissioner who will specify the nature of the complaint and the name of the complainant.
If the complaint alleges behaviour of a criminal nature, the Garda member may not necessarily be informed at an early stage in the investigation.
»back to top
What are the rights and entitlements of a member of the Garda Síochána if a complaint is made against them?
If the complaint alleges a breach of discipline, you will be able to read your
rights and entitlements in the Garda Síochána (Discipline) Regulations, expected to be
issued by the Minister for Justice, Equality and Law Reform in 2007.
If the complaint concerns a possible criminal matter, you have exactly the same rights (including rights of access to legal advice) as any other citizen.
You may also be required to account for your actions on duty to an officer of
the Garda Ombudsman.
»back to top
What will happen to complaints made to the outgoing Garda Síochána Complaints Board but not resolved before the startup of the Garda Ombudsman on 9th May, 2007?
Some of the complaints lodged with the Garda Síochána Complaints Board before this date, and which are being processed by the Board, will automatically pass to the Garda Ombudsman.
However, in cases where an Investigating Officer (a member of the Garda Síochána) has already been assigned by the Board to investigate a complaint, the Garda Síochána Complaints Board processes will continue until the matter has been completed.
»back to top
What complaints must be investigated by the Garda Ombudsman?
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 Garda Ombudsman must direct a Designated Officer (D/O) to examine, report and, if the Garda Ombudsman so decides, to conduct an investigation (Section 91 Garda Síochána Act 2005).
The Garda Commissioner shall refer to the Garda Ombudsman any matter that appears to him or her to indicate that the conduct of a Garda may have resulted in the death of, or serious harm to, a person.
The Garda Ombudsman is also obliged to investigate any matter that appears to it to indicate that the conduct of a Garda may have resulted in death of, or serious harm to, a person.
»back to top
PDF Version of “30 Questions and Answers An Information Booklet for Members of the Garda Síochána”
»click here to download PDF document
(Adobe Acrobat Reader required - distributed freely at www.adobe.com)
»back to top
|
