Garda Síochána Act 2005
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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 . |