Policing, Security and Community Safety Act 2024
|
Referral by Police Ombudsman to Director of Public Prosecutions | ||
|
214. (1) Where the Police Ombudsman is of the opinion that a report under subsection (10) or (11) of section 208 discloses an act or omission that may constitute an offence by a member of garda personnel, he or she shall— | ||
(a) send a copy of the report and the investigation file to the Director of Public Prosecutions together with any recommendations that appear to the Police Ombudsman to be appropriate, and | ||
(b) at such Director’s request, provide him or her with any other information, document or thing relating to the investigation that appears to the Director to be necessary for performing his or her functions under the Prosecution of Offences Act 1974 . | ||
(2) The Director of Public Prosecutions shall inform the Police Ombudsman— | ||
(a) of a decision of the Director regarding whether or not to institute a prosecution in relation to the act or omission that is the subject of a report received from the Police Ombudsman under subsection (1), and | ||
(b) where a prosecution is instituted, the progress of the prosecution and whether it results in the conviction or acquittal of the member of garda personnel whose act or omission was the subject of the report. | ||
(3) Subsection (1) shall not limit the power of the Police Ombudsman to forward to the Director of Public Prosecutions at any time a report on an investigation that, in his or her opinion, discloses the commission of an offence. | ||
(4) Notwithstanding that— | ||
(a) a member of garda personnel is convicted or acquitted of an offence in respect of a matter reported to the Director of Public Prosecutions under this section, | ||
(b) the charge against the member of garda personnel in respect of an offence referred to in paragraph (a) is dismissed under section 4E of the Criminal Procedure Act 1967 , | ||
(c) the proceedings for an offence referred to in paragraph (a) are discontinued, or | ||
(d) the Director of Public Prosecutions decides not to institute a prosecution in relation to a matter reported to him or her under this section, | ||
the institution or continuation of conduct proceedings or dismissal proceedings in relation to the matter shall not be precluded by reason only that the act or omission concerned is in substance the same as the conduct constituting the offence referred to in paragraph (a) or the Director of Public Prosecutions decides not to institute a prosecution in relation to a matter reported to him or her under this section. | ||
(5) Nothing in this section shall preclude the Police Ombudsman from making a report under section 215 , whether in addition to a report to the Director of Public Prosecutions under subsection (1) or otherwise, and providing a copy to the Garda Commissioner, the Minister or the Authority, as appropriate. |