Garda Síochána (Complaints) Act, 1986

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Functions of Board on completion of investigation of complaints.

7.—(1) If, after consideration of—

(a) a report or reports of an investigating officer submitted to the Board under section 6 of this Act and the relevant comments and recommendation of the chief executive so submitted to the Board, or

(b) the report of the chief executive on the result of an investigation under subsection (5) of that section,

the Board is of opinion that the complaint concerned is admissible and that the conduct alleged in the complaint may constitute an offence committed by the member concerned, it shall refer the matter to the Director of Public Prosecutions.

(2) If after consideration of such a report or reports of an investigation as aforesaid and (where appropriate) of such comments and recommendation as aforesaid, the Board is of opinion that the matter is not one to which subsection (1) of this section applies, the Board shall, subject to section 6 (6) of this Act, deal with the matter in accordance with the subsequent provisions of this section.

(3) If the Board is of opinion that neither an offence nor a breach of discipline on the part of the member concerned is disclosed or that the complaint is otherwise not admissible, it shall, as soon as may be, notify the Commissioner, the complainant and the member concerned of its opinion and shall take no further action in the matter.

(4) (a) Subject to subsection (7) of this section, if the Board is of opinion that a breach of discipline on the part of the member concerned may be disclosed but that any such breach is of a minor nature appropriate to be dealt with informally by the Commissioner by way of advice, admonition or warning, it shall refer the matter to the Commissioner.

(b) A reference under paragraph (a) of this subsection shall not be made unless the member concerned has been given an opportunity to make representations to the Board in relation to the proposed reference and any representations so made have been considered by the Board.

(5) Subject to subsection (7) of this section, if the Board is of opinion that a breach of discipline on the part of the member concerned (other than a breach referred to in subsection (4) of this section) may be disclosed, it shall refer the matter to a tribunal.

(6) The Board shall, as soon as may be—

(a) notify the complainant and the member concerned of any action of the Board under subsection (4) or (5) of this section, and

(b) notify the Commissioner of any action of the Board under the said subsection (5).

(7) (a) Where a member has been convicted or acquitted of an offence, a breach of discipline shall not be referred to the Commissioner or a tribunal if the breach is in substance the same as the offence of which he has been convicted or acquitted.

(b) (i) Paragraph (a) of this subsection shall not be construed as applying in relation to a breach of discipline which consists of conduct constituting an offence in respect of which there has been a conviction by a court.

(ii) The reference in the said paragraph (a) to a member who has been acquitted of an offence shall, as respects an offence dealt with summarily, be construed as a reference to a member who has had a complaint or charge against him dismissed on the merits.

(8) Subject to section 6 (6) of this Act, where the Director of Public Prosecutions has decided whether proceedings for an offence should or should not be instituted in respect of a complaint referred to him under subsection (1) of this section, the Board may either, if it thinks it proper to do so, deal with the matter under subsection (4) or (5) of this section or decide to take no further action in the matter.

(9) (a) Where—

(i) the Board has considered a report or reports submitted to it under section 6 of this Act and (where appropriate) the relevant comments and recommendation so submitted to it, and

(ii) (I) the Board has referred the matter to the Director of Public Prosecutions and he has decided that proceedings for an offence should not be instituted in respect of the complaint concerned, or

(II) the Board is of opinion that the conduct under consideration (being conduct alleged in the complaint) does not constitute an offence committed by the member concerned, and

(iii) in the course of the investigation the member has refused to answer a question, furnish information, or produce a document or thing, relevant to the investigation of the complaint concerned,

the Board may, before dealing with the matter in accordance with subsections (3) to (8) of this section, give a direction to an investigating officer to investigate the complaint further in accordance with this subsection.

(b) A direction shall not be given under this subsection unless the conduct alleged in the complaint concerned arose in connection with the performance or exercise, or the purported performance or exercise, by the member concerned of functions or powers conferred on him as such member.

(c) Where a direction under this subsection for an investigation is given, the investigating officer concerned may, for the purposes of the investigation, require a member (other than a member who is the spouse of the member concerned) to answer a question, furnish information, or produce a document or thing, relevant to the further investigation of the complaint concerned.

(d) It shall be the duty of a member to comply with a requirement of an investigating officer under paragraph (c) of this subsection, but the answer given, the information furnished, or the document or thing produced, in pursuance of the requirement shall not be admissible in evidence against the member or his spouse in any proceedings whatsoever other than proceedings against the member for or in relation to a breach of discipline.

(e) Non-compliance by a member with paragraph (d) of this subsection shall not be a breach of discipline unless the investigating officer concerned, when making the requirement concerned under paragraph (c) of this subsection, informs him in writing that he is acting in accordance with a direction under this subsection and brings the substance of paragraphs (c) and (d) to the notice of the member.

(f) If, in the course of a further investigation pursuant to a direction under this subsection—

(i) an investigating officer finds it necessary to question a member (other than the member against whom the complaint concerned is being made or a member who is the spouse of that member),

(ii) the member being questioned refuses to answer a question, furnish information, or produce a document or thing, relevant to the further investigation of the complaint concerned, and

(iii) it appears to the investigating officer that there is a possibility that the member being questioned may have committed an offence,

the investigating officer may, if the Director of Public Prosecutions has been consulted in relation to the matter and has decided that proceedings against the member being questioned for an offence should not be instituted, require the member, in pursuance of paragraph (c) of this subsection, to answer the question, furnish the information or produce the document or thing.

(g) Section 6 of this Act shall, with any necessary modifications, apply in relation to an investigation pursuant to a direction under this subsection and the Board, after consideration of the report or reports of that investigation submitted to it under that section and the relevant comments and recommendation so submitted to it, together with the relevant document or documents submitted to it under that section in relation to the original investigation of the complaint concerned, shall deal with the matter in accordance with subsections (3) to (8) of this section.

(h) References in this subsection to an investigating officer shall, in a case where the complaint concerned was investigated, or caused to be investigated, by the chief executive, include references to the chief executive or, as the case may be, to the person whom he caused to investigate the complaint.