Policing, Security and Community Safety Act 2024
|
Making, recording of complaints, etc. | ||
|
196. (1) Subject to section 198, a complaint concerning any act or omission of a member of garda personnel may be made by a person to whom paragraph (a) or (b) of section 195 (1) applies to— | ||
(a) the Police Ombudsman, or | ||
(b) An Garda Síochána. | ||
(2) A complaint made under paragraph (b) of subsection (1) may be made to— | ||
(a) the Garda Commissioner, | ||
(b) a member of An Garda Síochána not below the rank of superintendent, | ||
(c) a member of garda staff, who is of a grade that is equivalent to, or higher than, the rank of superintendent, or | ||
(d) a member of garda personnel at a Garda Síochána station. | ||
(3) Subject to subsection (9), a complaint made under paragraph (b) of subsection (1) shall be referred to the Police Ombudsman without delay. | ||
(4) The Police Ombudsman shall ensure that appropriate arrangements are in place— | ||
(a) for receiving, recording and acknowledging the receipt of complaints made under paragraph (a) of subsection (1), and | ||
(b) for recording the referral of complaints under subsection (3). | ||
(5) The Garda Commissioner shall ensure that appropriate arrangements are in place— | ||
(a) for receiving, recording and acknowledging the receipt of complaints made under paragraph (b) of subsection (1), and | ||
(b) for recording the referral of complaints to the Police Ombudsman under subsection (3). | ||
(6) The Minister shall, not later than 3 years after the coming into operation of this section and at such further intervals as he or she considers appropriate, review the operation of this section in so far as it requires the referral to the Police Ombudsman under subsection (3) of complaints received by An Garda Síochána under paragraph (b) of subsection (1). | ||
(7) The Minister shall, for the purposes of conducting a review under subsection (6), consult with the Police Ombudsman, the Garda Commissioner and the Authority. | ||
(8) Where, arising from a review under subsection (6), the Minister considers that the efficiency and effectiveness of the procedures for resolving complaints and public confidence in those procedures do not require complaints received by An Garda Síochána to be referred to the Police Ombudsman in all instances, the Minister may, subject to section 252 (2), by order specify a category or categories of complaints that are contained in the approved list to be a category or categories of complaint to which subsection (3) shall not apply. | ||
(9) Where the Minister makes an order under subsection (8), a complaint which falls within a category specified in the order shall be considered in accordance with the relevant arrangements. |