Policing, Security and Community Safety Act 2024
|
Jurisdiction to investigate offences under Part | ||
|
227. (1) The Police Ombudsman shall have jurisdiction to investigate an offence under this Part. | ||
(2) Where a designated officer is appointed by the Police Ombudsman to investigate an offence under this Part, all the powers, immunities and privileges conferred, and all the duties imposed, under section 209 shall apply to the officer for the purposes of that investigation and any matters ancillary or consequential to the investigation. | ||
(3) Section 210 shall apply with the necessary modifications in respect of an investigation under this section. | ||
(4) Where a designated officer completes an investigation under this section, he or she shall submit a report on the investigation to the Police Ombudsman. | ||
(5) Where, after considering a report submitted under subsection (4), the Police Ombudsman is of the opinion that the report discloses that an offence may have been committed, the Police Ombudsman shall— | ||
(a) send a copy of the report and the investigation file to the Director of Public Prosecutions, and | ||
(b) at such Director’s request, provide him or her with any other information relating to the investigation that appears to the Director to be necessary for the performance of his or her functions under the Prosecution of Offences Act 1974 . | ||
(6) The Director of Public Prosecutions shall inform the Police Ombudsman of— | ||
(a) a decision of the Director regarding whether or not to institute a prosecution in relation to the alleged offence that is the subject of a report received from the Police Ombudsman under subsection (5), and | ||
(b) where a prosecution is instituted, the progress of the prosecution and whether it results in the conviction or acquittal of the person whose conduct was the subject of the report. | ||
(7) 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 such an offence is dismissed under section 4E of the Criminal Procedure Act 1967 , | ||
(c) the proceedings for such an offence are discontinued, or | ||
(d) the Director of Public Prosecutions decides not to institute a prosecution in relation to that matter, | ||
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 under investigation is in substance the same conduct constituting the offence referred to in paragraph (a). | ||
(8) Section 216 (1)(g) shall apply in respect of an investigation under this section. |