Cars can only be released on payment of the relevant fine. Depending on who issued the fine, there are different appeals processes in place to try to get your money back if you believe the fine was unjustified.
Section 110 of the Act provides for penalties by way of fine and/or imprisonment for any person who knowingly gives information that is false or misleading to the Garda Ombudsman. Where we believe that there is sufficient evidence that such an offence has been committed, we send a file to the DPP.
If your complaint is dealt with by informal resolution or if it is a criminal matter, it will be dealt with by a GSOC officer. If it is about a possible breach of Garda discipline, then it will most likely be dealt with by a senior Garda officer on our behalf. Sometimes GSOC will decide to supervise these investigations. If we do not supervise and you are unhappy with the outcome, you are entitled to ask us to review how the investigation was undertaken by the Garda officer.
If a matter is referred to it under section 102, GSOC must investigate, with
a view to establishing the facts of the situation and clarifying whether it
may have resulted from garda misconduct. In many cases, this will require
a GSOC investigator or team of investigators to attend the scene of an
incident and work closely with An Garda Síochána teams there.
Yes. We have a complaints process, whereby complaints about our staff are handled in line with the Civil Service Code of Standards and Behaviour. This Code sets out the standards required by all civil servants, including GSOC staff.
No. If your property is part of a Garda investigation, it will be held until the investigation is complete. Then you must ask the Garda Síochána for it back directly. If you cannot get your property back at that stage, GSOC can look into whether any gardaí were in breach of discipline for not returning it. However, while this could result in disciplinary action against a garda, it is not guaranteed to get you your property back.