Garda Síochána (Complaints) Act, 1986
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Informal resolution of complaints. |
5.—(1) On receipt by the Commissioner of a notification under section 4 (3) (c) of this Act, he shall, subject to the provisions of this Act— | |
(a) having made such inquiries (if any) as appear to him to be necessary, consider whether the complaint is suitable for informal resolution, and | ||
(b) if he considers that the complaint is suitable for informal resolution, so inform the Board and undertake the resolution of the complaint in accordance with the provisions of this section. | ||
(2) Where a complaint is resolved under this section a record shall be kept of the resolution arrived at and of the manner of such resolution and a copy thereof shall be sent to the Board. | ||
(3) A complaint shall not be resolved under this section if— | ||
(a) the conduct alleged in the complaint constitutes an offence and either the member concerned has been charged with it or, if he has not been so charged, it is one which would, if there was sufficient evidence of the commission of it by the member, be likely, in the opinion of the Commissioner, to lead to the member being charged with it, or | ||
(b) the complainant or the member concerned does not consent in writing to the resolution of the complaint under this section. | ||
(4) The Board may prescribe procedures to be observed in the resolution of complaints under this section. | ||
(5) Where before, during or after the resolution of a complaint under this section, the Board is of opinion that the complaint is or was not suitable for such resolution, it shall, as soon as may be, request the Commissioner in writing to have the complaint investigated under section 6 of this Act and that section shall thereupon apply and have effect accordingly in relation to the complaint and, if the complaint has been resolved under this section, it shall be deemed for the purposes of this Act not to have been so resolved; and the Board shall, as soon as may be, notify in writing the complainant and the member concerned of such a request. | ||
(6) (a) Subject to paragraph (b) of this subsection, a statement made by the complainant or the member concerned in connection with or for the purpose of the resolution of a complaint under this section shall not be admissible in evidence in any proceedings whatsoever. | ||
(b) A statement which consists of or includes an admission relating to any matter other than the complaint which falls to be resolved under this section is not rendered inadmissible by paragraph (a) of this subsection. |