If a matter is referred to GSOC, does An Garda Síochána have no further involvement in its investigation?


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.

However, in practice, a division of responsibilities is generally agreed between the senior officers of GSOC and An Garda Síochána at the scene and, based on this, there are generally parallel investigations by the two organisations. GSOC’s main concern will be to establish whether there is evidence that conduct by a garda member, be it criminal or non-criminal, may have contributed to death or serious harm. An Garda Síochána will generally retain responsibility for the investigation of any possible criminal offences by other individuals involved.The above sections of the Protocols say that, if one

The above sections of the Protocols say that, if one organisation has what is considered to be a more urgent investigation, based on organisational or evidential requirements, that organisation will take the lead; and where both organisations are investigating matters of equal importance, the lead will generally rest with GSOC. This will be kept under review by the Senior Investigating Officers of each organisation. Where there is an issue in determining the level of seriousness of the investigations, the matter will be resolved at a more senior level.If it is agreed that a GSOC officer should take responsibility for the scene,

If it is agreed that a GSOC officer should take responsibility for the scene, it may be necessary for garda members to operate under their direction at the scene. Instruction will normally be via the most senior garda officer at the scene, but may be direct if appropriate.

  • If GSOC wants to interview me, what can I expect?

    GSOC investigators will make every reasonable effort to accommodate gardaí they need to interview, in terms of date, time and location. 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
  • Can GSOC get the Garda Síochána to return my property?

    No. If your property is part of a Garda investigation, it will be held until the investigation is complete. Then you must ask the Garda Síochána for it back directly. If you cannot get your property back at that stage, GSOC can look into whether any gardaí were in breach of discipline for not returning it. However, while this could result in disciplinary action against a garda, it is not guaranteed to get you your property back. 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
  • 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
  • Is GSOC part of the Garda Síochána?

    No, we are an independent body. Read More