APPENDIX 19
Memorandum submitted by the Department
of the Director of Public Prosecutions
I understand that the Northern Ireland Affairs
Committee wishes to conduct an inquiry into the functions of the
office of the Police Ombudsman for Northern Ireland. In particular,
it wishes to look into the following:
1. progressing towards developing a role
for the Police Ombudsman, since the office was established in
2000;
2. the performance of the office in respect
of its principal activities; and
3. the efficiency and effectiveness of the
administration and expenditure of the office, including its performance
against key indicators and targets.
The role of the Director of Public Prosecutions
for Northern Ireland in relation to the Police Ombudsman is, at
present, limited. By virtue of Article 5(l)(a) of the Prosecution
of Offences (Northern Ireland) Order 1972, it shall be the function
of the Director to consider, or cause to be considered, with a
view to his initiating or continuing in Northern Ireland any criminal
proceedings or the bringing of any appeal or other proceedings
in or in connection with any criminal cause or matter in Northern
Ireland, any facts or information brought to his notice, whether
by the Chief Constable acting in pursuance of Article 6(3) of
the Order or by the Attorney General or by any other authority
or person.
In pursuance of this statutory duty, the Director
receives from the Police Ombudsman investigation files into allegations
of criminal conduct by police officers. The experience of this
Department is that such investigations are carried out in a thorough
and rigorous manner. If further enquiries are necessary, the Police
Ombudsman is receptive to such requests. The Director is afforded
with these files the recommendations of the Police Ombudsman as
to prosecution. These recommendations are of assistance to the
Director in determining whether the test for prosecution is met
in respect of any individual reported.
26 March 2004
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