Investigation

Criminal investigations

All allegations of criminal offences by gardaí (for example assault) are investigated by the Garda Ombudsman’s own investigators. You can download the leaflet about how criminal investigations are conducted below. Read summaries of cases resolved by Criminal Investigation by GSOC:

• 5: A complaint of a criminal offence, resolved by criminal investigation
• 10: A complaint of Assault, resolved by Criminal Investigation
• 11: A complaint of Assault, resolved by Criminal Investigation

Disciplinary investigations

Allegations of breaches of discipline which are not dealt with by Informal Resolution may be investigated in one of these ways:

Disciplinary investigation by the Garda Síochána (under section 94 of the Garda Síochána Act 2005)

These are conducted by senior Garda officers, in line the Garda Síochána (Discipline) Regulations 2007. They can be supervised or unsupervised by a GSOC investigator, depending on the seriousness of the allegation.

If they are unsupervised, the Protocols between GSOC and the Garda Síochána say that these cases must be completed and an investigation report provided to GSOC, for the complainant, within 16 weeks. Typical examples of cases that are investigated in this way would be an allegation that a house was searched without a warrant, or that there was abuse of authority in the manner in which an arrest was conducted.

You can download the leaflet about how disciplinary investigations are conducted below.

Read summaries of cases resolved by unsupervised investigation by a Garda officer:

• 2: A complaint of abuse of authority, resolved by unsupervised disciplinary investigation
• 4: A complaint of discourtesy, resolved by unsupervised disciplinary investigation
• 12: A complaint of abuse of authority, resolved by unsupervised disciplinary investigation

Supervised disciplinary investigation by the Garda Síochána

If the investigation is supervised, a designated GSOC investigator may meet with the GSIO to agree the investigation plan, can direct and partake in the investigative actions, and must receive interim reports. The Protocols say that supervised disciplinary investigations must be completed and an investigation report provided within 20 weeks. An example might be a more serious allegation of neglect of duty, for example lack of, or insufficient, investigation of a serious crime reported to the gardaí.

You can download the leaflet about how supervised disciplinary investigations are conducted below.

Read summaries of cases resolved by supervised investigation by a Garda officer:

• 3: A complaint of neglect of duty, resolved by supervised disciplinary investigation
• 6: A complaint of neglect of duty, resolved by supervised disciplinary investigation

Non-criminal investigation by GSOC (under section 95 of the Garda Síochána Act 2005)

Certain disciplinary investigations may be undertaken by the Garda Ombudsman’s own investigators.

You can download the leaflet about how non-criminal investigations are conducted below.

Read summaries of cases resolved by non-criminal investigation by a GSOC officer:

• 7: A complaint of abuse of authority resolved by disciplinary investigation by GSOC
• 9: A complaint of Abuse of Authority, resolved by Disciplinary Investigation by GSOC