How will I be notified of a complaint made against me?

Depending on whether the complaint is admissible or inadmissible, and depending on how it is to be dealt with if it is admissible, there are different notification processes set out in the Act.

If the complaint against you is deemed inadmissible, you will be notified in writing by the Garda Ombudsman that a complaint was made against you but it was inadmissible and no action will be taken. (See the question on inadmissible complaints for the reasons for this.)

If it is deemed admissible and considered suitable for informal resolution, GSOC will contact you asking if you are willing to try to resolve the matter informally, by talking on the phone with a GSOC case officer who also talks with the person who complained. (See the question on informal resolution for more information on this.)

If it is deemed admissible and not considered suitable for informal resolution, GSOC will send a notification to An Garda Síochána, Internal Affairs. This notification will be forwarded to you through your Divisional/Regional Office. The notification will tell you the nature of the complaint, the name of the complainant, and the type of investigation to be carried out. This may be:

  • an investigation under section 98 (an investigation into allegations of any behaviour that may amount to a criminal offence). If this is the case, it will be carried out by a GSOC investigator. You can expect to be contacted by them during the course of the investigation to get your account of the incident, ask you about any independent witnesses or evidence that you may be aware of, etc. The investigator will give you their contact details so you can ask any questions or raise any concerns directly with them.
  • an investigation under section 94 (an investigation into allegations of any behaviour that may amount to a breach of the Discipline Regulations). If this is the case, it will be carried out by a Garda Síochána Investigating Officer (GSIO). It may, in a minority of cases, be supervised by a GSOC investigator. You will be contacted by, or on behalf of, the GSIO.
  • an investigation under section 95 (an investigation into noncriminal matters). If this is the case, it will be carried out by a GSOC investigator. You can expect to be contacted by them during the course of the investigation to inform you of the nature of the allegations and your rights and obligations, get your account of the incident, ask you about any independent witnesses or evidence that you may be aware of, etc. The investigator will give you their contact details so you can ask any questions or raise any concerns directly with them.

  • 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

  • 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

  • Can GSOC prosecute or impose penalties or sanctions?
    No, GSOC is an investigative agency only. Following a criminal investigation by GSOC, the DPP takes a decision based on the investigation file whether to prosecute or not. Following disciplinary investigations, the Garda Commissioner takes decisions on any appropriate sanctions or actions. 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

  • Can GSOC investigate conduct of off-duty or retired gardaí?
    Sometimes. A complaint against a garda member can be admitted if it concerns conduct off-duty which would be likely to bring discredit on the Garda Síochána. Investigations following referral, or initiated in the public interest, can look into the conduct of off-duty gardaí. Read More

  • Why am I told that an inadmissible complaint has been made against me and nothing more?
    If you receive a letter saying a complaint was made against you but was deemed inadmissible, this means that no action will be taken in relation to it by the Garda Ombudsman, that is, it will not be admitted for investigation. Read More