Policing, Security and Community Safety Act 2024
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Determination of admissibility of complaints | ||
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198. (1) Subject to this section, the Police Ombudsman shall, on receipt of a complaint made under— | ||
(a) section 196 (1)(a), or | ||
(b) subsection (1)(b) of section 196 and referred to him or her in accordance with subsection (3) of that section, | ||
determine whether the complaint is admissible. | ||
(2) The Police Ombudsman shall, when determining whether a complaint is admissible, consider any information in relation to the complaint, including information provided in response to any inquiry made pursuant to subsection (9). | ||
(3) Subject to subsection (4), a complaint shall be admissible where— | ||
(a) it was made by a person to whom paragraph (a) or (b) of section 195 (1) applies, | ||
(b) it was made within the period of time specified under subsection (1) of section 197 or any extension thereof authorised under subsection (2) of that section, and | ||
(c) it concerns an act or omission by a person who was, at the time of the act or omission concerned, a member of garda personnel. | ||
(4) Subject to subsection (7), the following complaints shall not be admissible: | ||
(a) a complaint that is frivolous, vexatious or made in bad faith; | ||
(b) a complaint that lacks substance or sufficient information to warrant further action under this Part; | ||
(c) a complaint that relates to the general direction and control of An Garda Síochána by the Garda Commissioner; | ||
(d) a complaint that relates to the act or omission of a member of An Garda Síochána while the member was not on duty, unless the act or omission alleged would, if proved, be likely to bring discredit on An Garda Síochána; | ||
(e) a complaint that relates to the act or omission of a member of garda staff while the member of garda staff was not on duty; | ||
(f) a complaint in respect of which it is not reasonably practical to take further action under this Part. | ||
(5) The Police Ombudsman may determine that a complaint is inadmissible where he or she is satisfied that the act or omission to which the complaint relates is the same or substantially the same act or omission as that which was the subject matter of— | ||
(a) a complaint which was previously determined under this Part or Part 4 of the Act of 2005, or | ||
(b) an investigation which was previously undertaken under this Part or Part 4 of the Act of 2005. | ||
(6) A complaint may be admissible notwithstanding that it does not identify the member of garda personnel who is the subject of the complaint. | ||
(7) A complaint concerning a person who was a member of garda personnel shall not be inadmissible by reason only that the person— | ||
(a) at the time the complaint is made, is no longer such a member, or | ||
(b) retires or resigns from An Garda Síochána at any time after the complaint is made. | ||
(8) Nothing in subsection (4) shall prevent the Police Ombudsman from determining that part of a complaint is admissible. | ||
(9) For the purposes of making a determination under this section, the Police Ombudsman may make such inquiries as he or she considers appropriate. | ||
(10) Where the Police Ombudsman determines in accordance with this section that a complaint is inadmissible, he or she shall— | ||
(a) notify the complainant of his or her determination and include in the notification the reason for the determination, and | ||
(b) where the complaint was referred to the Police Ombudsman under section 196 (3), notify the Garda Commissioner of his or her determination and include in the notification the reason for the determination. | ||
(11) Without prejudice to paragraph (b) of subsection (10), the Police Ombudsman may, where he or she is of the opinion that there is good reason to do so, notify the Garda Commissioner of any determination made in accordance with this section that a complaint is inadmissible and include in the notification the reason for the determination and any information or documents that the Police Ombudsman considers appropriate. |