What are my rights and obligations if a complaint is made against me?


Your rights and obligations depend on the nature of the complaint and the way that it is investigated, or dealt with.
  • If the complaint alleges a breach of discipline and GSOC proposes that you try to resolve it informally through a GSOC case officer, rather than via a formal disciplinary process, you have the right to agree or refuse. If you agree, you have the right to complete confidentiality during the process. Also, An Garda Síochána must delete and destroy any record of the complaint, if it is resolved informally.
  • If the complaint alleges a breach of discipline and is being investigated under section 94 of the Act, your rights and
    entitlements are laid out in the Discipline Regulations.
  • If GSOC is investigating a non-criminal matter under section 95 of the Act, your rights are laid out in that section and are, essentially, that you will be given an opportunity “to be heard” and “to present evidence and make submissions”. Section 96 states that, in such cases, you are required to provide any “information, document, or thing” and “attend before the Commission if required by the investigation”.
  • If the complaint concerns a possible criminal matter and is being investigated under section 98 of the Act, the GSOC investigator has “all the powers, immunities and privileges conferred and all the duties imposed on a member of the Garda Síochána”. In this context, you have the same rights as any other citizen.
  • 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 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
  • 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
  • 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 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
  • 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