Policing, Security and Community Safety Act 2024
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Admissible complaints | ||
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199. (1) Where the Police Ombudsman determines in accordance with section 198 that a complaint is admissible, he or she shall determine whether the complaint— | ||
(a) is suitable for resolution by An Garda Síochána, or | ||
(b) warrants an investigation. | ||
(2) Where— | ||
(a) a complaint falls within a category of complaints that, at the time of its making, was specified in the approved list, and | ||
(b) there are no special circumstances that would warrant an investigation of the complaint, | ||
the complaint shall be treated as suitable for resolution by An Garda Síochána in accordance with the relevant arrangements. | ||
(3) For the purposes of making a determination under this section, the Police Ombudsman may make such inquiries as he or she considers appropriate. | ||
(4) Where the Police Ombudsman determines under paragraph (a) of subsection (1) that a complaint is suitable for resolution by An Garda Síochána, he or she shall, as soon as practicable— | ||
(a) notify the complainant of his or her determination, | ||
(b) include, in the notification under paragraph (a), information in relation to the relevant arrangements, and | ||
(c) refer the complaint, together with any information or documents from inquiries made under subsection (3), section 198 (9) or provided pursuant to a request under section 217 , to An Garda Síochána for resolution by An Garda Síochána in accordance with the relevant arrangements. | ||
(5) Where the Police Ombudsman determines under paragraph (b) of subsection (1) that a complaint warrants an investigation, he or she shall— | ||
(a) notify the complainant and the Garda Commissioner of his or her determination, | ||
(b) where the complaint was made to the Police Ombudsman under section 196 (1)(a) include, in the notification to the Garda Commissioner under paragraph (a), a copy of the complaint, and | ||
(c) subject to subsection (6), notify, where known, or upon becoming known, to the Police Ombudsman, the member of garda personnel who is the subject of the complaint and specify, in the notification, the nature of the complaint, the name of the complainant and, if applicable, the name of the person on whose behalf the complaint was made. | ||
(6) Subject to subsection (7), where the Police Ombudsman has a good reason to do so, he or she may postpone a notification under paragraph (c) of subsection (5). | ||
(7) A postponement under subsection (6) of a notification under paragraph (c) of subsection (5) shall apply only so long as there is a good reason for such postponement and where a good reason ceases to exist, the notification shall be made as soon as practicable. | ||
(8) The Police Ombudsman shall inform the Garda Commissioner of— | ||
(a) a decision under subsection (6) to postpone a notification under paragraph (c) of subsection (5), including the reason for same, and | ||
(b) a notification of a member of garda personnel under paragraph (c) of subsection (5) following the cessation of the reason for the postponement of the notification under subsection (6). |