Garda Síochána Act 2005
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Report following investigation under section 94 or 95. |
97.— (1) The Ombudsman Commission shall include in its report under section 94 (7) or 95 (4) to the Garda Commissioner— | |
(a) a statement of the facts established by the investigation under section 94 or 95 into the conduct of the member of the Garda Síochána who is the subject of the report, | ||
(b) a recommendation about whether or not disciplinary proceedings should be instituted under the Disciplinary Regulations against that member, | ||
(c) a statement of the reasons for the recommendation, and | ||
(d) if the Commission recommends that those proceedings should be instituted, the particulars relating to the proceedings that the Commission considers appropriate. | ||
(2) In any disciplinary proceedings instituted in accordance with a recommendation in a report referred to in subsection (1), a document that purports to be that report— | ||
(a) is evidence of the facts stated in the document unless the contrary is proved, and | ||
(b) is deemed to be such document unless the contrary is proved. | ||
(3) The Ombudsman Commission is entitled to be notified of a decision made under the Disciplinary Regulations concerning the member of the Garda Síochána who is the subject of the report. |