Policing, Security and Community Safety Act 2024
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Application of arrangements for handling complaints suitable for resolution by An Garda Síochána | ||
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202. (1) The Garda Commissioner shall ensure that a complaint that is— | ||
(a) referred to him or her under section 199 (4)(c), or | ||
(b) received by An Garda Síochána under section 196 (1)(b) and falls within a category of complaint specified in an order under section 196 (8), | ||
is handled in accordance with the relevant arrangements. | ||
(2) Subsection (1) shall apply notwithstanding that a person who is the subject of a complaint referred to the Garda Commissioner under section 199 (4)(c)— | ||
(a) at the time of such referral, is no longer a member of garda personnel, or | ||
(b) retires or resigns from An Garda Síochána at any time after such referral. | ||
(3) Where, in the course of handling a complaint in accordance with the relevant arrangements, it appears to the Garda Commissioner that it is not suitable for resolution by An Garda Síochána by reason of the nature or gravity of the complaint, the Garda Commissioner shall consult with the Police Ombudsman and, with the approval of the Police Ombudsman, refer the complaint to the Police Ombudsman together with any information and material gathered in relation to it. | ||
(4) Where a complaint is referred to the Police Ombudsman under subsection (3), the Police Ombudsman shall be deemed, subject to any necessary modifications, to have made a determination under section 199 (1)(b) that the complaint warranted an investigation. |