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 happens following a referral under section 102?
    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. Read More

  • Why am I told that an inadmissible complaint has been made against me and nothing more?
    If you receive a letter saying a complaint was made against you but was deemed inadmissible, this means that no action will be taken in relation to it by the Garda Ombudsman, that is, it will not be admitted for investigation. Read More

  • Can GSOC have my car released?
    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. Read More

  • What powers do GSOC officers have?
    In criminal investigations, GSOC officers have all the powers, immunities and privileges conferred on, and all the duties imposed on, any member of the Garda Síochána. However, unlike members of the Garda Síochána. Read More

  • 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. Read More

  • How long do complaint investigations typically take?
    The time taken to close an investigation depends on the level of complexity of the case, but to get an indicator, you can look in the Publications section of the website to find the median time taken to close investigations by type, per quarter. Read More