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.

GSOC’s investigative process begins with an initial examination of the matter, which will involve taking or reviewing accounts from gardaí and others and examining any other evidence available at that point. (This is provided for by section 91 of the Act.)In many cases, the initial examination clearly indicates no evidence of

In many cases, the initial examination clearly indicates no evidence of misconduct by gardaí, and (if it was agreed that the possibility of offences by any civilians involved are to be investigated by An Garda Síochána) GSOC’s investigation can be closed, with no further action required.

If this cannot be immediately established, if a complaint is made in relation to the matter, or if there are other matters of concern, further investigation will be needed. Any further investigation will be in line with section 98 or 95 of the Act.

  • Will GSOC send my complaint back to the Garda Síochána?

    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. Read More
  • What should I expect if I am involved in a matter referred to GSOC?

    If you are involved in a matter which is referred to GSOC, you will most likely be aware of this fact at the time. Otherwise you may find out when you are contacted by a GSOC investigator working on the case and asked to assist in establishing the facts. 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
  • 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. 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
  • If a matter is referred to GSOC, does An Garda Síochána have no further involvement in its i

    Chapter 4 and Appendices A and B of the Protocols between the two organisations are about investigations that coincide. Where a referral is made to it by An Garda Síochána, GSOC has a responsibility to investigate the matter, and this may include investigation of civilian behaviour as well as garda behaviour. Read More