Oireachtas Joint and Select Committees

Thursday, 1 June 2023

Committee on Public Petitions

An Garda Síochána Ombudsman Commission Annual Report 2021: Discussion

Mr. Peter Whelan:

We have files that have been open up to 15 years. The majority of our files are open for up to three years. In a point-in-time survey done last March, we had 350 files in year one, 168 in year two and around 80 in year three. The numbers are much lower for the longer periods but there are still files that would be open because we may waiting for a report from an inquiry that the Garda has to implement or a coroner’s inquest or court case to finalise. In addition, we do not have the resources to progress certain cases in a timely fashion. There is normally a reason behind a case going beyond three years. The median length of time for a criminal investigation is 366 days. They can take much longer than that, depending on the case, or they can be shorter because they are very different. Every case brings a whole different set of requirements regarding how we investigate.

In addition, there are many other factors. Sometimes we get good engagement from the complainant and sometimes we do not. We depend on good engagement from the member and sometimes we do not get that. If the member appoints a solicitor, that can introduce delays. If there is a coroner’s inquest, if the DPP has a file and we are awaiting a decision or if court dates are awaited, those can all create delays. If we have to gather a large amount of evidence and take a large number of statements, that can create delays. We take statements under caution. If we are gathering CCTV and digital forensic evidence, it can be quite timely to download and analyse that. Not every investigation will be subject to all of those factors but some will. It varies greatly.

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