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
  • 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
  • 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
  • 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
  • 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
  • Can GSOC get the Garda Síochána to investigate the matter I reported?

    No. We can look into whether any gardaí were in breach of discipline for any neglect of duty, or lack of action. We cannot oblige them to take any action. Read More