Policing, Security and Community Safety Act 2024

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Investigations

208. (1) The Police Ombudsman shall appoint a designated officer to undertake an investigation in accordance with this Part where—

(a) the Police Ombudsman makes a determination under section 199 (1)(b) that a complaint warrants an investigation,

(b) any matter is referred to the Police Ombudsman under section 203 (1),

(c) subject to subsection (2), any matter appears to the Police Ombudsman to indicate that the conduct of a member of garda personnel may have resulted in the death of, or serious harm to, a person,

(d) the Police Ombudsman makes a decision under section 204 (2)(d) that a matter referred to in that section warrants an investigation,

(e) the Police Ombudsman makes a decision to undertake an investigation under section 205 (1),

(f) the Police Ombudsman receives a request from the Minister under section 205 (2),

(g) section 207 (1) applies, or

(h) the Police Ombudsman receives a request from the Minister under section 207 (2).

(2) Paragraph (c) of subsection (1) shall not apply where the complaint relates to the act or omission of a member of garda staff while the member was not on duty.

(3) An appointment under subsection (1) shall be recorded in writing.

(4) Subsection (1) shall apply notwithstanding that—

(a) the identity of the member of garda personnel who is the subject of the investigation is not known when the appointment under that subsection is made,

(b) the member of garda personnel who is the subject of the investigation is no longer a member or retires or resigns from An Garda Síochána after the making of the appointment under that subsection, or

(c) the matter that is the subject of the investigation may also involve a person who is not a member of garda personnel.

(5) Where the Police Ombudsman appoints a designated officer under paragraph (b), (c), (d), (e), (f), (g) or (h) of subsection (1) to undertake an investigation, he or she shall, subject to subsection (6), notify—

(a) in the case of an appointment under paragraph (b), (c), (d), (e) or (f) of subsection (1)—

(i) where known, or upon becoming known, to the Police Ombudsman, the member of garda personnel who is the subject of the investigation, of that appointment, and

(ii) the Garda Commissioner,

and

(b) in the case of an appointment under paragraph (g) or (h) of subsection (1), the Garda Commissioner of that appointment.

(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 (a)(i) or paragraph (b) of subsection (5).

(7) A postponement of a notification under subsection (6) 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 subsection (5)(a)(i), including the reason for same, and

(b) a notification of a member of garda personnel under subsection (5)(a)(i) following the cessation of the reason for the postponement of the notification under subsection (6).

(9) The Police Ombudsman may direct that an investigation be suspended, where—

(a) the matter the subject of the investigation is under investigation by another public body,

(b) the matter the subject of the investigation is the subject of civil or criminal proceedings in respect of which a final determination of the issues has not been made by the court in those proceedings, or

(c) the Police Ombudsman is of the opinion that to undertake, or continue with, an investigation would interfere, or conflict, with the functions of another public body.

(10) On completion of an investigation by a designated officer in accordance with this Part, the designated officer shall submit a report on the investigation to the Police Ombudsman.

(11) Nothing in subsection (10) shall limit the power of the designated officer to submit to the Police Ombudsman at any time a report concerning a part of an investigation or a member who is the subject of the investigation.

(12) In any legal proceedings, a document purporting to be an appointment under subsection (1) or a copy of such an appointment purporting to be signed by the Police Ombudsman, or on behalf of the Police Ombudsman, shall, unless the contrary is shown, be evidence of the matters stated therein without further proof, including proof of the signature of the Police Ombudsman, or other person authorised to give the authorisation on behalf of the Police Ombudsman.