Can GSOC investigate conduct of off-duty or retired gardaí?


Sometimes. A complaint against a garda member can be admitted if it concerns conduct off-duty which would be likely to bring discredit on the Garda Síochána. Investigations following referral, or initiated in the public interest, can look into the conduct of off-duty gardaí.

Former gardaí

GSOC can admit and investigate complaints against former gardaí.

Because the Discipline Regulations no longer apply to them, it may not make sense to undertake (or continue) a disciplinary investigation. However, any allegation of criminal behaviour by a serving garda, who has since retired or resigned, can be investigated and a file sent to the DPP as normal.

Off-duty gardaí

  • A complaint regarding the conduct of an off-duty garda member may be admitted if the alleged conduct, if proven, would be likely to bring discredit on An Garda Síochána (according to section 87(3)b) of the Act).
  • Section 102 does not differentiate between a garda who is on duty or otherwise, so An Garda Síochána may refer incidents to GSOC where death or serious harm has occurred following contact with an off-duty garda member.
  • GSOC may also initiate a public interest investigation in relation to the conduct of a member either on-duty or off-duty.