Garda Síochána Act 2005

Power to discontinue investigation.

93.— (1) Notwithstanding any other provision of this Act, the Ombudsman Commission may direct that the investigation of a complaint be discontinued if—

(a) as a result of information obtained after the complaint was determined to be admissible, the Commission considers that the complaint is frivolous or vexatious,

(b) the Commission considers that the complaint was made in the knowledge that it was false or misleading, or

(c) having regard to all the circumstances, the Commission considers that further investigation is not necessary or reasonably practicable.

(2) Where a direction is made under subsection (1) in relation to a complaint, the Ombudsman Commission shall notify in writing the following of its decision and the reason:

(a) the complainant;

(b) the member of the Garda Síochána whose conduct was the subject matter of the complaint;

(c) the Garda Commissioner.