Garda Síochána (Complaints) Act, 1986

Investigation of complaints.

6.— (1) (a) The Commissioner shall appoint a member of the Garda Síochána (in this Act referred to as an investigating officer)—

(i) not below the rank of superintendent, or

(ii) if he considers that the circumstances so warrant, of the rank of inspector,

to investigate an admissible complaint (other than a complaint resolved under section 5 of this Act) and a person so appointed shall carry out the investigation either, as he thinks fit, alone or with the assistance of such other members as he may determine.

(b) Where it appears to an investigating officer that the conduct alleged in a complaint may constitute an offence, the law and practice applicable to the investigation of offences shall, subject to section 4 (6) of this Act, apply in relation to the investigation.

(c) The Board may prescribe general principles to be observed in the appointment of investigating officers under paragraph (a) of this subsection.

(2) (a) An investigating officer shall complete an investigation under this section as soon as may be and, if he is unable to do so within the period of days from the date of his appointment, he shall—

(i) as soon as may be after the expiration of that period, furnish an interim report in writing thereon to the chief executive, and

(ii) as soon as may be after the receipt by him of a request from the chief executive therefor, furnish, until the completion of the investigation, such further interim reports in writing thereon to the chief executive as the chief executive may request.

(b) An investigating officer shall, as soon as may be after the completion of an investigation by him under this section, furnish a report in writing thereon to the chief executive and, whenever so requested by the chief executive, shall, as soon as may be after the making of such request, furnish a supplementary report in writing thereon to the chief executive.

(c) The investigating officer shall, when furnishing a report or reports as aforesaid to the chief executive, send a copy thereof to the Commissioner.

(3) (a) The Board shall supervise generally the investigation of complaints under this section and, subject to subsection (7) (a) of this section, may give such directions to an investigating officer in relation to an investigation by him under this section as appear to it to be necessary or expedient.

(b) The Board may delegate to the chief executive its functions under paragraph (a) of this subsection.

(c) An investigating officer shall comply with any directions given to him under this subsection.

(4) The chief executive shall, as soon as may be, submit to the Board every interim report of the investigation furnished to him under paragraph (a) of subsection (2) of this section and the report or reports of the investigation made to him under paragraph (b) of the said subsection (2) together with his comments in writing thereon and a recommendation in writing by him of the action (if any) that might appropriately be taken by the Board in relation to the complaint concerned.

(5) (a) Notwithstanding anything in this Act, the Board may, at any time, request the chief executive to investigate, or cause to be investigated, a complaint if the Board considers that the public interest requires that the complaint should be so investigated or that the investigation of the complaint under this Act has not been or is not being properly carried out and, where such a request is made, any investigation under any other provision of this Act of the complaint concerned shall thereupon cease.

(b) Subsection (1) (b) of this section shall apply to an investigation under this subsection as if the reference in the said subsection (1) (b) to an investigating officer was a reference to the chief executive and any person caused by him to investigate the complaint concerned.

(c) The chief executive shall submit a report in writing to the Board on the result of any investigation carried out in pursuance of a request under paragraph (a) of this subsection.

(6) (a) Where civil proceedings or criminal proceedings are instituted and have not been finally determined and the Board considers that in those proceedings it is likely that the court will determine an issue relevant to or concerning the conduct alleged in a complaint, the Board may postpone the taking of any action or further action under this Act in relation to the complaint until the civil proceedings or criminal proceedings, as the case may be, have been finally determined.

(b) If the Board considers that the conduct alleged in a complaint has been investigated by a court in civil proceedings and a determination of the issues which are, in substance, the issues involved in the complaint has been made by the court in those proceedings, when finally determined, in favour of the member concerned, no action or further action shall be taken by the Board under this Act in relation to the complaint.

(c) Proceedings shall not be regarded as finally determined for the purposes of paragraph (a) or (b) of this subsection until any appeal (including an appeal by way of case stated), rehearing or retrial in relation to those proceedings has been determined.

(7) Where the conduct alleged in a complaint constitutes an offence—

(a) if the complaint is being investigated under subsection (1) (a) of this section, a direction shall not be given under subsection (3) (a) of this section in relation to the investigation without the consent of the Director of Public Prosecutions, and

(b) if the complaint is being investigated under subsection (5) of this section, the chief executive shall consult with the Director of Public Prosecutions in relation to the manner in which the investigation is carried out.

(8) (a) Subject to paragraph (d) of this subsection, if in the course of an investigation under this section the investigating officer is of opinion that the disclosure in any report of information that would otherwise be appropriate for inclusion in that report would be liable to affect the security of the State or to constitute a serious and unjustifiable infringement of the rights of some other person, he shall refer the matter to the Commissioner.

(b) Subject to paragraph (d) of this subsection, where a matter is referred to the Commissioner under paragraph (a) of this subsection, if the Commissioner, having made such inquiries (if any) as he considers necessary, agrees with the opinion of the investigating officer in regard to the information in question or any portion of it, he shall report the matter to the Minister and, if or in so far as the Minister agrees with that opinion and so directs, the relevant information shall not be included in any report of the investigating officer.

(c) Where a direction has been given by the Minister under paragraph (b) of this subsection, the fact that such a direction has been given shall be stated in the report of the investigating officer, together with such information (if any) about the matter as the Minister may have authorised to be given for the assistance of the Board in its consideration of the complaint.

(d) Nothing in this subsection shall prevent the making of arrangements between the Board and the Commissioner whereby, in a particular case or more generally, a matter referred to in paragraph (a) of this subsection may be dealt with by some other procedure.

(e) References in this subsection to an investigating officer include, in the case of an investigation under subsection (5) of this section, references to the chief executive and any person caused by him to investigate the complaint concerned.