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Power to discontinue investigation
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213. (1) Notwithstanding any other provision of this Act, the Police Ombudsman may at any time direct that an investigation of a complaint be discontinued where—
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(a) he or she is of the opinion that—
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(i) the complaint is frivolous,
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(ii) the complainant has withdrawn the complaint,
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(iii) the complainant has disengaged from the complaints process,
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(iv) the complaint is vexatious,
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(v) the complaint was made in the knowledge that it was false or misleading,
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(vi) further investigation is not necessary, reasonably practicable or proportionate having regard to all the circumstances,
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(vii) continuing with the investigation would interfere, or conflict, with the functions of another public body, including An Garda Síochána, or
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(viii) continuing with the investigation would interfere with legal proceedings before a court or tribunal in the State,
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or
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(b) the complaint has been resolved to the satisfaction of the complainant.
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(2) Notwithstanding any other provision of this Act, the Police Ombudsman may direct that an investigation of any matter under this Part, other than a complaint, be discontinued if he or she is of the opinion that—
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(a) further investigation is not necessary, reasonably practicable or proportionate having regard to all the circumstances,
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(b) continuing with the investigation would interfere, or conflict, with the functions of another public body, including An Garda Síochána, or
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(c) continuing with the investigation would interfere with legal proceedings before a court or tribunal in the State.
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(3) Where a direction is made under subsection (1) or (2), the Police Ombudsman shall notify such of the following persons as, in his or her opinion, may be appropriate, of the direction and the reasons for same:
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(a) the complainant;
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(b) the member of garda personnel who is the subject of the complaint or investigation, as the case may be;
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(c) the Garda Commissioner;
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(d) the Minister;
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(e) the Authority;
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(f) in the case of a protected disclosure, the person who made the disclosure;
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(g) any other person.
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