Garda Síochána Act 2005

Investigation by Ombudsman Commission of complaints that do not appear to involve offences.

95.— (1) If the Ombudsman Commission decides to investigate a complaint about conduct that does not appear to constitute an offence, it shall give the complainant and the member of the Garda Síochána concerned an opportunity—

(a) to be heard, in person or by a legal representative, and

(b) to present evidence and make submissions to the Commission.

(2) Subsection (1) applies also in relation to a complaint about conduct that appears to constitute an offence, but that is determined on investigation under section 98 not to constitute an offence.

(3) Subject to this section, the Ombudsman Commission may make rules governing the procedure to be followed in investigations under this section.

(4) As soon as practicable after the conclusion of an investigation under this section, the Ombudsman Commission shall make a report in accordance with section 97 to the Garda Commissioner.

(5) An investigation of a matter under this section does not preclude the subsequent investigation of the matter under section 98 .