Outcomes


Possible outcomes

  • A solution to the satisfaction of all parties may be found through informal resolution.
  • If it appears that there may have been a breach under the Garda Síochána Discipline Regulations, the Garda Ombudsman may make recommendations to the Garda Commissioner concerning disciplinary proceedings.
  • If it appears that the case may warrant criminal prosecution, the Garda Ombudsman may send a file to the Director for Public Prosecutions.
  • If there is insufficient evidence to support one of the above, the case may have to be discontinued.

Reviews/ appeals

The law provides for a person whose complaint was about a disciplinary matter, and was investigated by the Garda Síochána and not supervised by GSOC, to ask GSOC to review the investigation if they are not satisfied with the outcome as explained to them.

In these reviews, GSOC’s role is to establish if the investigation was comprehensive enough and the outcome appropriate (not to re-investigate).

GSOC does not have the power to substitute the decision or finding with a new decision. We provide a report to the Garda Commissioner, in circumstances where concerns in relation to how the investigation was conducted and/or its outcome arose. As the disciplinary process has been concluded, the case cannot be re-opened or the outcome changed, but it is hoped that the feedback may contribute to a reduction in similar issues in future investigations.

50 requests for review were received in 2016 (in relation to investigations completed in 2016 or other years). In one of these cases, following review, GSOC wrote to the Garda Commissioner concerning the conduct of the investigation and its outcome. In the remainder of cases, no issues of concern arose with the manner in which the complaint had been investigated, the outcome of the investigation or the sanction (if any) applied.

False or misleading information

It is an offence to knowingly supply “false or misleading information” in relation to complaints. If found guilty of this, you are liable, on summary conviction, to a fine of up to €2500 and/or up to 6 months imprisonment.