 | |
| Consideration of other matters by the Ombudsman. |
55. - (1) The Police Authority or the Secretary of State may refer to the Ombudsman any matter which-
|
| |
(a) appears to the Authority or the Secretary of State to indicate that a member of the police force may have- |
| |
(i) committed a criminal offence; or
|
| |
(ii) behaved in a manner which would justify disciplinary proceedings; and
|
| |
(b) is not the subject of a complaint, |
| |
if, after consultation with the Ombudsman and the Chief Constable, it appears to the Authority or the Secretary of State that it is desirable in the public interest that the Ombudsman should investigate the matter.
|
| |
(2) The Chief Constable shall refer to the Ombudsman any matter which appears to the Chief Constable to indicate that conduct of a member of the police force may have resulted in the death of some other person.
|
| |
(3) Where any matter is referred to the Ombudsman under subsection (1) or (2), he shall formally investigate the matter in accordance with section 56.
|
| |
(4) The Chief Constable may refer to the Ombudsman any matter which-
|
| |
(a) appears to the Chief Constable to indicate that a member of the police force may have- |
| |
(i) committed a criminal offence; or
|
| |
(ii) behaved in a manner which would justify disciplinary proceedings; and
|
| |
(b) is not the subject of a complaint, |
| |
if it appears to the Chief Constable that it is desirable in the public interest that the Ombudsman should investigate the matter.
|
| |
(5) Where any matter is referred to the Ombudsman under subsection (4), he shall formally investigate the matter in accordance with section 56 if it appears to him that it is desirable in the public interest that he should do so.
|
| |
(6) The Ombudsman may of his own motion formally investigate in accordance with section 56 any matter which-
|
| |
(a) appears to the Ombudsman to indicate that a member of the police force may have- |
| |
(i) committed a criminal offence; or
|
| |
(ii) behaved in a manner which would justify disciplinary proceedings; and
|
| |
(b) is not the subject of a complaint, |
| |
if it appears to the Ombudsman that it is desirable in the public interest that he should do so.
|
| |
(7) The Ombudsman shall notify-
|
| |
(a) the Police Authority or the Secretary of State, in the case of a matter referred under subsection (1); |
| |
(b) the Chief Constable, in the case of a matter referred under subsection (2) or (4), |
| |
of the outcome of any criminal or disciplinary proceedings brought against a member of the police force in respect of, or in connection with, the matter so referred.
|
| Formal investigation by the Ombudsman. |
56. - (1) Where a complaint or matter is to be formally investigated by the Ombudsman under section 54(2) or (3)(a) or 55(3), (5) or (6), he shall appoint an officer of the Ombudsman to conduct the investigation.
|
| |
(2) The Secretary of State may by order provide that any provision of the Police and Criminal Evidence (Northern Ireland) Order 1989 which relates to investigation of offences conducted by police officers (within the meaning of that Order) shall apply, subject to such modifications as the order may specify, to investigations under this section conducted by persons who are not police officers (within the meaning of that Order).
|
| |
(3) A person employed by the Ombudsman under paragraph 3(1) of Schedule 3 shall for the purpose of conducting, or assisting in the conduct of, an investigation under this section have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of section 18 applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.
|
| |
(4) Section 66 applies to a person to whom subsection (3) applies as it applies to a constable.
|
| |
(5) A person to whom subsection (3) applies shall not be regarded as in police service for the purposes of-
|
| |
(a) Article 145 of the Trade Union and Labour Relations (Northern Ireland) Order 1995; or |
| |
(b) Article 243 of the Employment Rights (Northern Ireland) Order 1996. |
| |
(6) At the end of an investigation under this section the person appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.
|
| Formal investigation by a police officer. |
57. - (1) Where a complaint is referred to the Chief Constable under section 54(3)(b), he shall appoint a police officer to investigate it formally.
|
| |
(2) A member of the police force may not be appointed to investigate a complaint formally if he has previously been appointed to act in relation to it under section 53(4).
|
| |
(3) The Ombudsman may require-
|
| |
(a) that no appointment of a person to conduct an investigation under this section shall be made unless the Ombudsman has given notice to the Chief Constable that he approves the person whom the Chief Constable proposes to appoint; or |
| |
(b) if such an appointment has already been made and the Ombudsman is not satisfied with the person appointed, that- |
| |
(i) the Chief Constable shall, as soon as is reasonably practicable, select another police officer and notify the Ombudsman that he proposes to appoint that person; and
|
| |
(ii) the appointment shall not be made unless the Ombudsman gives notice to the Chief Constable that he approves that person.
|
| |
(4) The Ombudsman may supervise the investigation of any complaint under this section if he considers that it is desirable in the public interest for him to do so.
|
| |
(5) Where the Ombudsman decides to supervise an investigation under this section he shall notify the Chief Constable to that effect.
|
| |
(6) A member of a police force in Great Britain who is appointed to conduct an investigation under this section shall, for the purpose of conducting that investigation, have all the powers and privileges of a constable throughout Northern Ireland and the adjacent United Kingdom territorial waters; and subsection (3) of section 18 applies for the purposes of this subsection as it applies for the purposes of subsection (2) of that section.
|
| |
(7) The Ombudsman may impose requirements as to the conduct of an investigation which the Ombudsman is supervising; and it shall be the duty of a police officer to comply with any requirement imposed on him by virtue of this subsection.
|
| |
(8) At the end of an investigation under this section the police officer appointed to conduct the investigation shall submit a report on the investigation to the Ombudsman.
|
| Steps to be taken after investigation - criminal proceedings. |
58. - (1) The Ombudsman shall consider any report made under section 56(6) or 57(8) and determine whether the report indicates that a criminal offence may have been committed by a member of the police force.
|
| |
(2) If the Ombudsman determines that the report indicates that a criminal offence may have been committed by a member of the police force, he shall send a copy of the report to the Director together with such recommendations as appear to the Ombudsman to be appropriate.
|
| |
(3) Where a report is sent to the Director under subsection (2), the Ombudsman shall, at the request of the Director, ascertain and furnish to the Director all such further information in relation to the complaint or matter dealt with in the report as appears to the Director to be necessary for the discharge of his functions under the Prosecution of Offences (Northern Ireland) Order 1972.
|
| |
(4) Inthis section and section 59 "the Director" means the Director of Public Prosecutions for Northern Ireland.
|
| Steps to be taken after investigation - disciplinary proceedings. |
59. - (1) Where-
|
| |
(a) the Director has dealt with the question of criminal proceedings; or |
| |
(b) the Ombudsman determines that the report under section 56(6) or 57(8) does not indicate that a criminal offence may have been committed by a member of the police force, |
| |
the Ombudsman shall consider the question of disciplinary proceedings.
|
| |
(2) The Ombudsman shall send the appropriate disciplinary authority a memorandum containing-
|
| |
(a) his recommendation as to whether or not disciplinary proceedings should be brought in respect of the conduct which is the subject of the investigation; |
| |
(b) a written statement of his reasons for making that recommendation; and |
| |
(c) where he recommends that disciplinary proceedings should be brought, such particulars in relation to the disciplinary proceedings which he recommends as he thinks appropriate. |
| |
(3) No disciplinary proceedings shall be brought by the appropriate disciplinary authority before it receives the memorandum of the Ombudsman under subsection (2).
|
| |
(4) The Police Authority shall advise the Ombudsman of what action it has taken in response to a recommendation contained in a memorandum sent to it under subsection (2); and nothing in the following provisions of this section has effect in relation to senior officers.
|
| |
(5) If-
|
| |
(a) a memorandum sent to the Chief Constable under subsection (2) contains a recommendation that disciplinary proceedings should be brought; but |
| |
(b) the Chief Constable is unwilling to bring such disciplinary proceedings, |
| |
the Ombudsman may, after consultation with the Chief Constable, direct him to bring disciplinary proceedings.
|
| |
(6) Subject to subsection (7)-
|
| |
(a) it shall be the duty of the Chief Constable to comply with a direction under subsection (5); |
| |
(b) the Chief Constable may not discontinue disciplinary proceedings which he has brought in accordance with- |
| |
(i) a recommendation contained in a memorandum under subsection (2); or
|
| |
(ii) a direction under subsection (5).
|
| |
(7) The Ombudsman may give the Chief Constable leave-
|
| |
(a) not to bring disciplinary proceedings which subsection (6)(a) would otherwise oblige him to bring; or |
| |
(b) to discontinue disciplinary proceedings with which subsection (6)(b) would otherwise require him to proceed. |
| |
(8) Regulations made in accordance with section 25(3) or 26(3) may establish, or make provision for the establishment of, a special procedure for any case in which disciplinary proceedings are brought-
|
| |
(a) where a memorandum under subsection (2) recommending the bringing of those proceedings contains a statement to the effect that, by reason of exceptional circumstances affecting the case, the Ombudsman considers that such special procedures are appropriate; or |
| |
(b) in compliance with a direction under subsection (5). |
| |
(9) The Chief Constable shall advise the Ombudsman of what action he has taken in response to-
|
| |
(a) a recommendation contained in a memorandum under subsection (2); |
| |
(b) a direction under subsection (5). |
