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Chapter 2
Complaints, investigations and other matters
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Complaints by members of public
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195. (1) The following persons may make a complaint:
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(a) a relevant member of the public who has been directly affected by, or who has witnessed, the act or omission that is the subject of the complaint;
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(b) a person acting on behalf of a relevant member of the public to whom paragraph (a) applies, where—
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(i) the relevant member of the public consents in writing or orally to the complaint being made, or
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(ii) the person so acting believes, because of the age or a physical or mental condition of the relevant member of the public, such member is incapable of giving the consent referred to in subparagraph (i),
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and the Police Ombudsman considers that, by reason of the person’s relationship (including professional relationship) with, and his or her interest in the rights and welfare of, the relevant member of the public, he or she is a suitable person to make such a complaint.
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(2) Where a complaint is made on behalf of a relevant member of the public by a person to whom paragraph (b) of subsection (1) applies, any requirement in this Part to notify the complainant of any matter shall be construed as a requirement to notify that person.
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(3) Where a complaint is made by a person to whom paragraph (a) of subsection (1) applies and the person is a child between the ages of 16 and 18 years of age, the complaint may be treated as a complaint made by a person of full age and the consent of the parent or guardian of the child shall not be required.
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(4) In this section, “relevant member of the public” means a person other than—
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(a) the serving Garda Commissioner,
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(b) a member of An Garda Síochána, or
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(c) a member of garda staff, in so far as the act or omission that is the subject of a complaint is connected with his or her employment as such a member.
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