This section aims to answer some questions that Garda members may have about the complaints process and other matters related to GSOC.
There is a more detailed booklet available to Garda members. You can phone GSOC to ask for this to be posted to you on 0818 600 800 or email firstname.lastname@example.org. The same detailed information is available to download from the Garda Síochána portal. To find it, click on HR on the homepage, then Internal Affairs and Complaints.
If a complaint is made against you
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 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.
Your rights and obligations depend on the nature of the complaint and the way that it is investigated, or dealt with.
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.
In the investigation of a complaint
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.
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.
GSOC investigators will make every reasonable effort to accommodate gardaí they need to interview, in terms of date, time and location.
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.
The time taken to close an investigation depends on the level of complexity of the case, but to get an indicator, you can look in the Publications section of the website to find the median time taken to close investigations by type, per quarter.
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.
Matters referred to GSOC by the Garda Síochána
If a matter is referred to GSOC 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.
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.
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 GSOC 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.
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.
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.
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 information by clicking the Protected disclosures link on the right hand side of the page.