Can GSOC prosecute or impose penalties or sanctions?


No, GSOC is an investigative agency only. Following a criminal investigation by GSOC, the DPP takes a decision based on the investigation file whether to prosecute or not. Following disciplinary investigations, the Garda Commissioner takes decisions on any appropriate sanctions or actions.

No, GSOC is an investigative agency only.

GSOC does not have the power that the Garda Síochána has to bring cases to court on behalf of the DPP; at the conclusion of a criminal investigation, a file may be sent to the DPP with a recommendation and the DPP takes a decision based on the investigation file whether to prosecute or not.

Decisions and the imposition of any sanctions following disciplinary investigations under section 94(1) are fully dealt with by An Garda Síochána, with no input from GSOC.

At the conclusion of a supervised disciplinary investigation under section 94(5), a report may be sent by the GSOC supervising officer to the Garda Commissioner, with a recommendation.

At the conclusion of a non-criminal investigation under section 95, a report must be sent by the GSOC investigating officer to the Garda Commissioner with a recommendation.

In both of the above instances, the Garda Commissioner appoints another officer, of superintendent level or higher, to review the report. This Garda Síochána officer will decide on the matter – whether that is to implement a disciplinary sanction should they believe a member to be in breach, or to recommend that a Board of Inquiry be established in more serious cases.

  • Can I make a complaint about a GSOC staff member?

    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. Read More
  • Can GSOC get the Garda Síochána to return my property?

    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. Read More
  • How is Informal Resolution done?

    It is a means of resolving situations more quickly and effectively and without the need for a formal investigation under the Discipline Regulations. Time taken to close these cases is about one-third of the time taken to close formal disciplinary investigations. Read More
  • How will I be notified of a complaint made against me?

    Depending on whether the complaint is admissible or inadmissible, and depending on how it is to be dealt with if it is admissible, there are different notification processes set out in the Act. Read More
  • Can I make a complaint to GSOC about garda misconduct myself?

    Under the Garda Síochána Act 2005, a Garda member cannot make a complaint about Garda behaviour in the same way that a member of the public can. However, under the Protected Disclosures Act 2014, gardaí and others working for the Garda Síochána may now confidentially disclose allegations of wrongdoings within the Garda Síochána, to a member of the Ombudsman Commission. Find out more by clicking on Protected Disclosures. Read More
  • Who can I talk to if I am concerned about a GSOC investigation?

    If you have any general questions about the way GSOC operates which are not answered here, we will do our best to answer them. Your GSOC case officer can discuss any case-specific concerns with you. An Garda Síochána Employee Assistance Service is a confidential service to discuss any life situation causing concern. Read More