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Notification to Police Ombudsman of incident of concern
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204. (1) Where the Garda Commissioner becomes aware of an incident of concern in relation to a member of garda personnel, he or she shall, subject to subsection (6) and as soon as practicable after he or she becomes so aware, notify, in accordance with the protocols, the Police Ombudsman of the incident of concern.
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(2) The Police Ombudsman shall, on receipt of a notification under subsection (1), having consulted with the Garda Commissioner and in accordance with the protocols, decide to take any one or more of the following actions:
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(a) decide that no further action is required by the Police Ombudsman;
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(b) require the Garda Commissioner to notify him or her of the outcome of any investigation undertaken by An Garda Síochána of the incident of concern;
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(c) require the Garda Commissioner to keep him or her informed of the progress of any investigation undertaken by An Garda Síochána of the incident of concern or to submit to him or her such reports in relation to such an investigation at such times and in relation to such matters as he or she may direct, or both;
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(d) without prejudice to paragraphs (a) to (c), where the incident of concern relates to the commission of an alleged offence determine that the matter warrants an investigation and direct the Garda Commissioner to forward, without delay, all information and material in relation to the incident to him or her.
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(3) The Police Ombudsman shall notify the Garda Commissioner, without delay, of any decision he or she takes under subsection (2).
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(4) Nothing in this section shall preclude—
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(a) the Garda Commissioner or a member of garda personnel from taking any lawful action to prevent the commission of an offence or a breach of the standards of professional behaviour, or
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(b) the commencement or continuation of a criminal investigation or conduct proceedings in relation to an incident of concern pending a notification under subsection (3).
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(5) The Garda Commissioner shall, as soon as practicable, inform the Police Ombudsman of the commencement or continuation of any criminal investigation or conduct proceedings in relation to an incident of concern and the reasons for same.
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(6) The Garda Commissioner shall notify an incident of concern to the Police Ombudsman under subsection (1) only to the extent that to do so—
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(a) would not be prejudicial to the security of the State, or
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(b) would not endanger the life or safety of any person who has given information in confidence to a public body in relation to the enforcement or administration of the law.
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(7) Where subsection (6) applies, the Garda Commissioner shall, as soon as practicable, notify the Independent Examiner and the Police Ombudsman of such application.
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(8) This section applies to incidents of concern of which the Garda Commissioner first became aware after the coming into operation of this section.
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