|
| |
|
| |
| |
The Commissioner’s complaints remit |
| |
| |
| |
1 | Any matter relating to the way in which a person has been treated at any |
| 5 |
applicable premises while being held there. |
| |
2 | Any matter relating to the way in which a person has been treated by prison |
| |
officers or prisoner custody officers while in their custody, or under their |
| |
control or escort, anywhere in the world. |
| |
| Note: The matters covered by this paragraph include matters affecting a |
| 10 |
person who has been charged with or convicted of an offence which relate |
| |
to the exercise of the statutory functions of a prison officer or a prisoner |
| |
| |
3 | Any matter relating to the exercise— |
| |
(a) | in relation to a person who has been charged with or convicted of an |
| 15 |
offence, of any statutory function of the Secretary of State relating to |
| |
applicable premises (other than approved premises) or persons held |
| |
| |
(b) | in relation to a person being held in approved premises, of any |
| |
statutory function of the Secretary of State relating to approved |
| 20 |
premises or persons held there. |
| |
4 | Any matter relating to the conduct of a local probation board or officer of a |
| |
local probation board in connection with responsibilities assumed by the |
| |
board or officer in relation to a person who has been charged with or |
| |
| 25 |
| Note: The reference to a local probation board includes a reference to a |
| |
person acting in pursuance of arrangements of the kind mentioned in |
| |
section 5(2) of the Criminal Justice and Court Services Act 2000 (c. 43). |
| |
5 | Any matter relating to the conduct of a provider of probation services or an |
| |
officer of a provider of probation services in connection with responsibilities |
| 30 |
assumed by the provider or officer in relation to a person who has been |
| |
charged with or convicted of an offence. |
| |
| Note: The reference to a provider of probation services includes a reference |
| |
to a person acting in pursuance of arrangements of the kind mentioned in |
| |
section 3(3)(c)(i) of the Offender Management Act 2007. |
| 35 |
6 | Any matter relating to the way in which a person has been treated at any |
| |
immigration detention premises (other than excepted premises) while being |
| |
detained there under the Immigration Act 1971 (c. 77) or under section 62 of |
| |
the Nationality, Immigration and Asylum Act 2002 (c. 41). |
| |
7 | Any matter relating to the way in which a person has been treated by |
| 40 |
immigration custody officers while in their custody, or under their control |
| |
or escort, anywhere in the world (other than at immigration detention |
| |
| |
|
| |
|
| |
|
| |
| |
8 | In this Schedule “statutory functions” means functions conferred by or |
| |
under any Act (including, in the case of prison officers, functions exercisable |
| |
by virtue of section 8 of the Prison Act 1952 (c. 52). |
| 5 |
9 | In paragraph 3 the references to the Secretary of State are references to the |
| |
Secretary of State having responsibility for prisons. |
| |
| |
| |
The Commissioner’s deaths remit |
| |
1 | A death of a person at any applicable premises while being held there. |
| 10 |
2 | A death of a person while in the custody, or under the control or escort, of |
| |
prison officers or prisoner custody officers anywhere in the world. |
| |
3 | A death of a person which the Commissioner is satisfied should be |
| |
investigated because it is or may be linked to events which have occurred— |
| |
(a) | at any applicable premises while that person was being held there; or |
| 15 |
(b) | while that person was in the custody, or under the control or escort, |
| |
of prison officers or prisoner custody officers anywhere in the world. |
| |
4 | A death of a person at any immigration detention premises (other than |
| |
excepted premises or premises in Scotland) while being detained there |
| |
under the Immigration Act 1971 (c. 77) or under section 62 of the Nationality, |
| 20 |
Immigration and Asylum Act 2002 (c. 41). |
| |
5 | A death of a person while in the custody, or under the control or escort, of |
| |
immigration custody officers anywhere in the world (other than |
| |
immigration detention premises). |
| |
6 | A death of a person which the Commissioner is satisfied should be |
| 25 |
investigated because it is or may be linked to events which have occurred— |
| |
(a) | at any immigration detention premises (other than excepted |
| |
premises or premises in Scotland) while that person was being |
| |
| |
(b) | while that person was in the custody, or under the control or escort, |
| 30 |
of immigration custody officers anywhere in the world (other than |
| |
immigration detention premises). |
| |
| |
| |
Consequential amendments relating to Part 4 |
| |
Parliamentary Commissioner Act 1967 (c. 13) |
| 35 |
1 (1) | In subsection (2) of section 11 of the Parliamentary Commissioner Act 1967 |
| |
|
| |
|
| |
|
(restrictions on disclosure of information) after paragraph (aa) insert— |
| |
“(ab) | for the purposes of any consultation of the kind mentioned in |
| |
subsection (1) or (2) of section 42 of the Criminal Justice and |
| |
| |
(ac) | for the purposes of any co-operation under subsection (3) of |
| 5 |
| |
(2) | After subsection (5) of that section insert— |
| |
| |
(a) | is obtained from Her Majesty’s Commissioner for Offender |
| |
Management and Prisons for the purposes of any |
| 10 |
consultation of the kind mentioned in subsection (1) or (2) of |
| |
section 42 of the Criminal Justice and Immigration Act 2007 |
| |
or for the purposes of any co-operation under subsection (3) |
| |
| |
(b) | is protected information within the meaning of section 44 of |
| 15 |
| |
| shall be treated for the purposes of subsection (2) of this section as |
| |
obtained in the course of an investigation under this Act; and, in |
| |
relation to such information, the reference in paragraph (a) of that |
| |
subsection to the investigation shall have effect as a reference to any |
| 20 |
| |
(3) | In Schedule 3 to that Act (matters not subject to investigation by the |
| |
Parliamentary Commissioner) after paragraph 12 insert— |
| |
“13 | Any matter which falls within the complaints or deaths remit of |
| |
Her Majesty’s Commissioner for Offender Management and |
| 25 |
Prisons (within the meaning of Part 4 of the Criminal Justice and |
| |
| |
(4) | Sub-paragraph (3) has no effect in relation to any matter which the |
| |
Parliamentary Commissioner for Administration has started to investigate |
| |
before the commencement of that sub-paragraph. |
| 30 |
Local Government Act 1974 (c. 7) |
| |
2 (1) | In subsection (2) of section 32 of the Local Government Act 1974 (restrictions |
| |
on disclosure of information) after paragraph (a) insert— |
| |
“(aa) | for the purposes of any consultation of the kind mentioned in |
| |
subsection (1) or (2) of section 42 of the Criminal Justice and |
| 35 |
| |
(ab) | for the purposes of any co-operation under subsection (3) of |
| |
| |
(2) | After subsection (7) of that section insert— |
| |
| 40 |
(a) | is obtained from Her Majesty’s Commissioner for Offender |
| |
Management and Prisons for the purposes of any |
| |
consultation of the kind mentioned in subsection (1) or (2) of |
| |
section 42 of the Criminal Justice and Immigration Act 2007 |
| |
or for the purposes of any co-operation under subsection (3) |
| 45 |
| |
|
| |
|
| |
|
(b) | is protected information within the meaning of section 44 of |
| |
| |
| shall be treated for the purposes of subsection (2) above as obtained |
| |
in the course of an investigation under this Part of this Act; and, in |
| |
relation to such information, the reference in subsection (2)(a) above |
| 5 |
to the investigation shall have effect as a reference to any |
| |
| |
Health Service Commissioners Act 1993 (c. 46) |
| |
3 (1) | In subsection (1) of section 15 of the Health Service Commissioners Act 1993 |
| |
(restrictions on disclosure of information) after paragraph (aa) insert— |
| 10 |
“(ab) | for the purposes of any consultation of the kind mentioned in |
| |
subsection (1) or (2) of section 42 of the Criminal Justice and |
| |
| |
(ac) | for the purposes of any co-operation under subsection (3) of |
| |
| 15 |
(2) | After subsection (4) of that section insert— |
| |
| |
(a) | is obtained from Her Majesty’s Commissioner for Offender |
| |
Management and Prisons for the purposes of any |
| |
consultation of the kind mentioned in subsection (1) or (2) of |
| 20 |
section 42 of the Criminal Justice and Immigration Act 2007 |
| |
or for the purposes of any co-operation under subsection (3) |
| |
| |
(b) | is protected information within the meaning of section 44 of |
| |
| 25 |
| shall be treated for the purposes of subsections (1) and (2) as obtained |
| |
in the course of an investigation; and, in relation to such information, |
| |
the reference in subsection (1)(a) to the investigation shall have effect |
| |
as a reference to any investigation.” |
| |
Data Protection Act 1998 (c. 29) |
| 30 |
4 | In section 31(4) of the Data Protection Act 1998 (exceptions to data protection |
| |
requirements for ombudsmen), after paragraph (a)(i) insert— |
| |
“(ia) | Her Majesty’s Commissioner for Offender |
| |
Management and Prisons;”. |
| |
Care Standards Act 2000 (c. 14) |
| 35 |
5 | In section 76 of the Care Standards Act 2000 (further functions of the |
| |
Children’s Commissioner for Wales) after subsection (3) insert— |
| |
“(3A) | The Commissioner may give advice and information to Her |
| |
Majesty’s Commissioner for Offender Management and Prisons for |
| |
| 40 |
(a) | any consultation of the kind mentioned in subsection (1) or |
| |
(2) of section 44 of the Criminal Justice and Immigration Act |
| |
| |
(b) | any co-operation under subsection (3) of that section.” |
| |
|
| |
|
| |
|
Freedom of Information Act 2000 (c. 36) |
| |
6 (1) | In section 76(1) of the Freedom of Information Act 2000 (disclosure of |
| |
information between Information Commissioner and ombudsmen) in the |
| |
Table at the appropriate place insert— |
| |
| | Part 4 of the Criminal Justice |
| | 5 | | Commissioner for Offender |
| and Immigration Act 2007.” |
| | | | | | | |
|
(2) | In Part 6 of Schedule 1 to that Act (public authorities) at the appropriate |
| |
place insert “Her Majesty’s Commissioner for Offender Management and |
| |
| 10 |
Scottish Public Services Ombudsman Act 2002 (asp 11) |
| |
7 (1) | Section 19 of the Scottish Public Services Ombudsman Act 2002 (asp 11) |
| |
(restrictions on disclosure of information) is amended as follows. |
| |
(2) | In subsection (2), after paragraph (a) insert— |
| |
“(aa) | the purposes of any consultation of the kind mentioned in |
| 15 |
subsection (1) or (2) of section 42 of the Criminal Justice and |
| |
| |
(ab) | the purposes of any co-operation under subsection (3) of that |
| |
| |
(3) | After subsection (8) insert— |
| 20 |
| |
(a) | is obtained from Her Majesty’s Commissioner for Offender |
| |
Management and Prisons for the purposes of any |
| |
consultation of the kind mentioned in subsection (1) or (2) of |
| |
section 42 of the Criminal Justice and Immigration Act 2007 |
| 25 |
or for the purposes of any co-operation under subsection (3) |
| |
| |
(b) | is protected information within the meaning of section 44 of |
| |
| |
| shall be treated for the purposes of subsections (1) and (5) as obtained |
| 30 |
in connection with any matter in respect of which a complaint or |
| |
| |
(4) | In subsection (9), for “such information” substitute “information within |
| |
| |
Public Services Ombudsman (Wales) Act 2005 (c. 10) |
| 35 |
8 (1) | Section 26 of the Public Services Ombudsman (Wales) Act 2005 (disclosure |
| |
of information) is amended as follows. |
| |
(2) | In subsection (1), after paragraph (ba) insert— |
| |
“(bb) | protected information (within the meaning of section 44 of |
| |
the Criminal Justice and Immigration Act 2007) obtained |
| 40 |
from Her Majesty’s Commissioner for Offender |
| |
Management and Prisons for the purposes of any |
| |
|
| |
|
| |
|
consultation of the kind mentioned in section 42(1) or (2) of |
| |
that Act or for the purposes of any co-operation under section |
| |
| |
(3) | In subsection (2), after paragraph (e) insert— |
| |
“(ea) | for the purposes of any consultation of the kind mentioned in |
| 5 |
subsection (1) or (2) of section 42 of the Criminal Justice and |
| |
Immigration Act 2007 or for the purposes of any co-operation |
| |
under subsection (3) of that section;”. |
| |
(4) | In subsection (6), for “or (b)” substitute “, (b) or (bb)”. |
| |
| 10 |
| |
| |
| |
| Governors and directors of prisons, young offender institutions and secure |
| |
| |
| Persons with whom the Secretary of State has made arrangements under |
| 15 |
section 80 of the Criminal Justice Act 1991 (c. 53) or other relevant |
| |
| |
| An independent monitoring board under section 6 of the Prison Act 1952 |
| |
| |
| 20 |
| |
| Organisations with which a local probation board has made arrangements |
| |
of the kind mentioned in section 5(2)(a) of the Criminal Justice and Court |
| |
Services Act 2000 (c. 43). |
| |
| Providers of probation services whose arrangements under section 3(2) of |
| 25 |
the Offender Management Act 2007 provide for them to be controlling |
| |
authorities for the purposes of this Part. |
| |
| Persons with whom a provider of probation services has made |
| |
arrangements of the kind mentioned in section 3(3)(c)(i) of the Offender |
| |
| 30 |
| Managers of removal centres (within the meaning of Part 8 of the |
| |
Immigration and Asylum Act 1999 (c. 33)). |
| |
| Managers of short-term holding facilities (within the meaning of Part 8 of the |
| |
Immigration and Asylum Act 1999). |
| |
| Persons with whom the Secretary of State has made arrangements under |
| 35 |
section 156 of the Immigration and Asylum Act 1999. |
| |
| A visiting committee under section 152 of the Immigration and Asylum Act |
| |
| |
|
| |
|