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.