Garda Síochána (Complaints) Act, 1986


1.—(1) In this Act, save where the context otherwise requires—

“the Act of 1925” means the Police Forces Amalgamation Act, 1925 ;

“admissible complaint” means a complaint to which section 4 (3) (c) of this Act applies and “admissible” shall be construed accordingly;

“the Appeal Board” means the Garda Síochána Complaints Appeal Board established by section 10 of this Act;

“the Board” means the Garda Síochána Complaints Board established by section 3 of this Act;

“breach of discipline” means conduct specified in the Fourth Schedule to this Act and includes, other than in a case where paragraph (e) of section 7 (9) of this Act applies, non-compliance with paragraph (d) of the said section 7 (9) and also conduct constituting an offence in respect of which, after the date on which a complaint relating to that conduct was made, there is a conviction by a court of the member concerned and “in breach of discipline” shall be construed accordingly;

“the chief executive” has the meaning assigned to it by paragraph 4 (2) of the First Schedule to this Act;

“the Commissioner” means the Commissioner of the Garda Síochána;

“complainant” means a person who makes a complaint orally, or sends or gives a complaint in writing, to the Board or to a member of the Garda Síochána and, in the case of a complaint so made, sent or given by a person through his solicitor or a parent, guardian or other person includes, where the context so requires, the solicitor of the person or a parent, guardian or other person, as the case may be;

“complaint” means a complaint under section 4 (1) (a) of this Act;

“conduct” means conduct (whether consisting of the doing of an act or the making of an omission) on or after the establishment day;

“establishment day” means the day appointed under section 2 of this Act to be the establishment day for the purposes of this Act;

“investigating officer” means a member of the Garda Síochána appointed under section 6 of this Act to investigate an admissible complaint;

“legal representative” means a barrister or a solicitor;

“member” means a member of the Garda Síochána other than the Commissioner or a deputy commissioner, if and whenever he is exercising or performing any power or duty of the Commissioner during his absence or incapacity, pursuant to an authorisation of the Minister under section 8 (2) of the Act of 1925;

“member of the public” means a person other than a member of the Garda Síochána;

“the Minister” means the Minister for Justice;

“orally” does not include an oral communication transmitted by electronic means;

“tribunal” means a tribunal appointed under section 8 of this Act.

(2) Functions of the Commissioner under this Act may be performed by any member of the Garda Síochána authorised in that behalf by the Commissioner and references in this Act to the Commissioner shall be construed accordingly.