Policing, Security and Community Safety Act 2024
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Protocols | ||
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223. (1) As soon as practicable after the coming into operation of this section, the Police Ombudsman and the Garda Commissioner shall, by protocols in writing, make arrangements concerning the following matters: | ||
(a) the circumstances and procedures relating to notifications under section 204 (1); | ||
(b) the consultation between the Police Ombudsman and the Garda Commissioner prior to a decision being taken under section 204 (2); | ||
(c) the factors to be considered when making a decision under section 204 (2) having regard to the functions of An Garda Síochána and the Garda Commissioner under this Act; | ||
(d) the consideration of any submissions from the Garda Commissioner that a decision by the Police Ombudsman to undertake an investigation under section 204 (2)(d) in relation to a particular incident of concern could put in jeopardy another criminal investigation; | ||
(e) the use of detention facilities at Garda Síochána stations by designated officers for the purpose of exercising their powers and carrying out their duties under section 208 ; | ||
(f) the application of the Regulations of 1987 when the detention facilities at Garda Síochána stations are used by designated officers for the purpose referred to in paragraph (e); | ||
(g) the sending of notifications under subsection (2) or (4) of section 215 ; | ||
(h) the provision of sufficient information under section 216 to keep the Garda Commissioner informed of the progress and results of investigations in order to facilitate him or her in carrying out his or her functions, including in relation to the management of the suspension of members of garda personnel; | ||
(i) the operation of section 217 ; | ||
(j) the handling of any investigations by the Police Ombudsman under this Act that coincide with investigations by An Garda Síochána into the same matters; | ||
(k) the sharing with each other of information (including evidence of offences) obtained by either the Police Ombudsman or the Garda Commissioner; | ||
(l) the provision of training in relation to the conduct of investigations to officers of the Police Ombudsman by An Garda Síochána; | ||
(m) such other matters as the Police Ombudsman and Garda Commissioner consider would support the proper performance of their respective functions under this Part. | ||
(2) The Police Ombudsman and the Garda Commissioner shall keep under review the operation of the protocols under this section and those agreed pursuant to section 108 of the Act of 2005 and continued in accordance with subsection (3) and may agree such amendments to those protocols as appear to be necessary or desirable for the proper operation of this section. | ||
(3) Protocols agreed pursuant to section 108 of the Act of 2005 that are in force immediately before the repeal of that section by section 5 , shall, on and after such repeal, be deemed to be protocols under this section and may be amended and revoked under this section accordingly. |