Policing, Security and Community Safety Act 2024
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Other referrals by Police Ombudsman following investigation | ||
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215. (1) Where the Police Ombudsman is of the opinion that a report under subsection (10) or (11) of section 208 discloses— | ||
(a) any matter that should be dealt with— | ||
(i) by way of conduct proceedings, | ||
(ii) by way of performance proceedings, or | ||
(iii) under any other arrangements by or under which the unsatisfactory performance of a member of garda personnel is dealt with by An Garda Síochána, | ||
or | ||
(b) a concern in relation to the practices, policies or procedures of An Garda Síochána or any other issue of a general or systemic nature in relation to An Garda Síochána, | ||
the Police Ombudsman shall provide a copy of the report to the Garda Commissioner, the Minister or the Authority, as appropriate, with such recommendations as he or she considers appropriate. | ||
(2) The Garda Commissioner shall, as soon as practicable after receiving a copy of a report under subsection (1), notify, in accordance with the protocols, the Police Ombudsman of the actions (if any) to be taken by the Garda Commissioner in response to the recommendations in the report and the reasons for same. | ||
(3) In any performance proceedings, conduct proceedings or dismissal proceedings instituted in relation to a matter or concern in a report referred to in subsection (1), a document that purports to be that report shall, unless the contrary is shown, be evidence of the facts stated therein without further proof. | ||
(4) Where performance proceedings, conduct proceedings or dismissal proceedings are instituted following the receipt of a report referred to in subsection (1), the Garda Commissioner shall, upon the completion of the proceedings and in accordance with the protocols, notify the Police Ombudsman of the outcome and the reasons for same. | ||
(5) Nothing in this section shall preclude the suspension of performance proceedings, conduct proceedings or dismissal proceedings pending the conclusion of proceedings for an offence in relation to all or part of the act or omission that is the subject of the performance proceedings, conduct proceedings or dismissal proceedings, as the case may be. | ||
(6) Subsection (1) is without prejudice to the power of the Police Ombudsman to forward at any time to the Garda Commissioner, for any action that the Police Ombudsman considers appropriate, a report on a complaint, or other matter, that, in the opinion of the Police Ombudsman, discloses a concern in relation to a member of garda personnel. |