What does GSOC do about false or misleading information?

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.

Section 110 of the Act makes it an offence to knowingly supply “false or misleading” information to the Garda Ombudsman and provides for penalties, by way of fine and/or imprisonment, for any person who does this.

Where we believe that there is sufficient evidence that such an offence has been committed, we send a file to the Director of Public Prosecutions (DPP) for a prosecution decision.

To date, files concerning over 25 civilians have been sent to the DPP, in relation to possible offences under section 110. In some cases, no prosecution was directed by the DPP, but there have been over ten prosecutions, with a number of these resulting in convictions. Sanctions imposed have included custodial sentences.

Of course, this section also applies to gardaí. We have also sent files to the DPP when it appears that gardaí have knowingly given false/ misleading information. Over 10 files have been sent to date in relation to Garda members.

If an investigator is considering that you may be guilty of providing false or misleading information to GSOC, you will be cautioned in this regard and given the opportunity to explain in an interview.

  • What information can GSOC disclose about its investigations
    In deciding what and to whom certain information is disclosed, GSOC must balance its confidentiality and privacy obligations with its duty to be transparent and open in its work. People directly involved in GSOC investigations—including the people who make complaints and the gardaí who are the subject of investigations—have a legal right to be kept informed of the progress of the investigation which relates to them (click below for more information). 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

  • Can GSOC get a Fixed Charge Penalty Notice cancelled?
    No. You need to contact the FCPN office to appeal an FCPN which you believe is unjustified. Read More

  • Will the garda/ the Garda Síochána find out that I complained about them?
    If your complaint is investigated, Garda Headquarters and gardaí involved may be given any information on your complaint form (including your name), in the course of the investigation. If your complaint cannot be dealt with by GSOC however, they will be notified that a complaint was made and the nature of it, but will not be given the details (including your name). Read More