Garda Síochána Act 2005
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Determination of whether complaint is admissible. |
87.— (1) On receiving a complaint directly from a complainant or receiving a copy or record of a complaint from the Garda Commissioner or a member of the Garda Síochána, the Ombudsman Commission shall determine whether the complaint is admissible or inadmissible. | |
(2) Subject to subsection (3), a complaint concerning the conduct of a member of the Garda Síochána is admissible if— | ||
(a) the complaint is made by or on behalf of a member of the public authorised under section 83 to make the complaint, | ||
(b) the conduct alleged would, if substantiated, constitute misbehaviour by the member of the Garda Síochána, | ||
(c) the complaint is made within the time allowed under section 84 , and | ||
(d) the complaint is not frivolous or vexatious. | ||
(3) The following matters are not admissible complaints: | ||
(a) a complaint in so far as it relates to the general direction and control of the Garda Síochána by the Garda Commissioner; | ||
(b) a complaint about the conduct of a member of the Garda Síochána while the member was not on duty, unless the conduct alleged would, if proved, be likely to bring discredit on the Garda Síochána. | ||
(4) A complaint concerning a person who, at the time of the conduct that is the subject matter of the complaint, was a member of the Garda Síochána is not inadmissible by reason only that the person— | ||
(a) is, at the time the complaint is made, no longer a member, or | ||
(b) retires or resigns from the Garda Síochána at any time after the making of the complaint. | ||
(5) Nothing in this section is to be taken to limit the application of section 93 . |