|
| |
| |
(d) | publish the whole or any part of a report. |
| |
(3) | But the Commissioner shall not— |
| |
(a) | publish the name of the complainant without the complainant’s |
| |
| |
(b) | if the complainant is not the relevant person in relation to the |
| 5 |
complaint, publish the relevant person’s name without the consent of |
| |
| |
(4) | If the complainant has died or is unable to act— |
| |
(a) | the report required under subsection (1)(a) shall be made to the person |
| |
who appears to the Commissioner to be the most appropriate person to |
| 10 |
| |
(b) | the consent required by subsection (3)(b) may be given by any person |
| |
appearing to the Commissioner to be an appropriate person to give that |
| |
| |
34 | Recommendations by Commissioner |
| 15 |
(1) | The Commissioner may make recommendations to a controlling authority |
| |
about any matter arising from a complaint which is or has been the subject of |
| |
investigation by the Commissioner. |
| |
(2) | The authority must, within the period of 28 days commencing with the day on |
| |
which it receives the recommendations, respond in writing to the |
| 20 |
Commissioner setting out (with reasons) what it proposes to do about them. |
| |
(3) | The Commissioner may report on that response to such persons as the |
| |
Commissioner may think fit. |
| |
(4) | Subsections (2) to (4) of section 33 apply in relation to reports under subsection |
| |
(3) above as they apply to reports required by that section. |
| 25 |
Investigations into deaths etc. |
| |
35 | Investigation of deaths |
| |
(1) | The Commissioner shall carry out an investigation of every death falling |
| |
| |
(2) | A death falls within the deaths remit if it is of a description specified in |
| 30 |
| |
(3) | In carrying out the investigation, the Commissioner must aim— |
| |
(a) | to establish the circumstances surrounding the death; and |
| |
(b) | if the Commissioner considers it would be helpful to do so, to identify |
| |
steps that should be taken for the purpose of eliminating or reducing |
| 35 |
the risk of deaths occurring under the same or similar circumstances. |
| |
(4) | Subject to that, it is for the Commissioner to determine the scope of, and the |
| |
procedure to be applied to, the investigation. |
| |
(5) | The Commissioner may defer the whole or any part of the investigation at the |
| |
| 40 |
(a) | is conducting a criminal investigation, and |
| |
| |
| |
|
| |
| |
(b) | considers that that investigation might be adversely affected by the |
| |
Commissioner’s investigation. |
| |
(6) | In subsection (5) “criminal investigation” means an investigation conducted by |
| |
police officers or other persons with a view to ascertaining whether an offence |
| |
has been committed or whether a person should be charged with an offence. |
| 5 |
(7) | The Commissioner may at any time reopen the investigation of— |
| |
(a) | a death previously investigated under this section; or |
| |
(b) | a death previously investigated by the Prisons and Probation |
| |
Ombudsman that would, if it occurred after the commencement of this |
| |
section, fall within the deaths remit; |
| 10 |
| and a re-opened investigation shall be treated for the purposes of this Part as a |
| |
separate investigation under this section. |
| |
(8) | The Commissioner may make recommendations to a controlling authority |
| |
about any matter arising from an investigation. |
| |
(9) | Such recommendations may be made during the investigation or after its |
| 15 |
| |
36 | Reports on the outcome of a death investigation |
| |
(1) | This section applies where the Commissioner has carried out an investigation |
| |
of a death under section 35. |
| |
(2) | The Commissioner shall make a report to— |
| 20 |
(a) | the Secretary of State; |
| |
(b) | the controlling authority appearing to the Commissioner to have the |
| |
most direct responsibility over the matters covered by the investigation |
| |
(where that authority is not the Secretary of State); and |
| |
(c) | a coroner who is holding or who is to hold an inquest into the death. |
| 25 |
(3) | The Commissioner may also make a report to any other person the |
| |
Commissioner considers should receive a report. |
| |
(4) | The Commissioner shall exercise the power under subsection (3) to ensure that |
| |
a report is made to at least one person who— |
| |
(a) | is a personal representative of the deceased, |
| 30 |
(b) | was the partner, or other relative, of the deceased at the time of the |
| |
| |
(c) | appears to the Commissioner to have been a friend of the deceased at |
| |
| |
(5) | The duty under subsection (4) does not apply if, after taking all reasonable |
| 35 |
steps to ascertain the identity of, and a means of contacting, a person falling |
| |
within that subsection, the Commissioner is unable to comply with it. |
| |
(6) | In subsections (2) to (4) “report” means a report in writing on the outcome of |
| |
| |
(7) | The Commissioner may— |
| 40 |
(a) | make different reports under this section to different persons; |
| |
(b) | show any person a draft of the whole or any part of a report to be made |
| |
| |
(c) | publish the whole or any part of a report made under this section; |
| |
| |
| |
|
| |
| |
| but the name of the deceased person must not be published under paragraph |
| |
(c) without the consent of a personal representative of that person. |
| |
37 | Investigations requested by the Secretary of State |
| |
(1) | The Secretary of State may request the Commissioner to investigate any matter |
| |
mentioned in subsection (3) or (4) which is specified in the request. |
| 5 |
(2) | The Secretary of State shall consult the Commissioner before making a request |
| |
| |
(3) | A request may specify any matter relating to events which have (or may have) |
| |
| |
(a) | at applicable premises; |
| 10 |
(b) | while a person is in the custody of prison officers or prisoner custody |
| |
officers, or under their control or escort, anywhere in the world; |
| |
(c) | in the course of exercising any function of the Secretary of State relating |
| |
to prisons or persons detained in prison; |
| |
(d) | in the course of exercising any functions of a prison officer or prisoner |
| 15 |
| |
(e) | in the course of the activities of a relevant contractor; |
| |
(f) | in the course of the activities of— |
| |
(i) | a local probation board or a provider of probation services, or |
| |
(ii) | an officer of a local probation board or an officer of a provider |
| 20 |
| |
| in connection with responsibilities assumed by the board, provider or |
| |
officer in relation to a person who has been charged with or convicted |
| |
| |
(g) | at immigration detention premises which are not excepted premises; |
| 25 |
(h) | while a person is in the custody of immigration custody officers, or |
| |
under their control or escort, anywhere in the world (other than at |
| |
immigration detention premises). |
| |
(4) | A request may also specify any matter the Secretary of State considers is (or |
| |
may be) linked to events falling within subsection (3). |
| 30 |
(5) | A request under this section which— |
| |
(a) | is made by virtue of subsection (3)(g) and specifies a matter relating to |
| |
events which have (or may have) occurred at immigration detention |
| |
premises in Scotland which are not excepted premises, or |
| |
(b) | is made by virtue of subsection (4) and specifies a matter which the |
| 35 |
Secretary of State considers is (or may be) linked to events which have |
| |
(or may have) occurred at immigration detention premises in Scotland |
| |
which are not excepted premises, |
| |
| shall not be made unless the Secretary of State considers that those events are |
| |
(or may be) linked to a reserved matter within the meaning of the Scotland Act |
| 40 |
| |
(6) | The Secretary of State shall consult the Scottish Ministers before making a |
| |
request by virtue of subsection (4) which specifies a matter which appears to |
| |
involve the investigation of events which have (or may have) occurred in |
| |
| 45 |
(7) | It is the duty of the Commissioner to investigate any matter which is the subject |
| |
of a request under this section. |
| |
| |
| |
|
| |
| |
(8) | The Commissioner shall consult the Lord Advocate before investigating a |
| |
matter relating to events which have (or may have) occurred in Scotland. |
| |
(9) | The Commissioner shall defer such an investigation if it appears to the |
| |
Commissioner that it might adversely affect a criminal investigation, or an |
| |
investigation of a death, which is being or is to be conducted by the Lord |
| 5 |
Advocate or the procurator fiscal. |
| |
(10) | Subject to any directions given to the Commissioner by the Secretary of State, |
| |
it is for the Commissioner to determine the scope of, and the procedure to be |
| |
applied to, an investigation under this section. |
| |
(11) | Subject to any such directions, the Commissioner may at any time reopen— |
| 10 |
(a) | an investigation previously carried out under this section; or |
| |
(b) | an investigation carried out by the Prisons and Probation Ombudsman |
| |
of matters referred to the Ombudsman by the Secretary of State (so far |
| |
as relating to matters that could be the subject of a request under this |
| |
| 15 |
| and a re-opened investigation shall be treated for the purposes of this Part as a |
| |
separate investigation under this section. |
| |
| |
(a) | the reference in paragraph (c) to the Secretary of State is to the Secretary |
| |
of State having responsibility for prisons; |
| 20 |
(b) | the references to functions are to 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) (constabulary powers |
| |
| |
(c) | the reference to a local probation board includes a reference to a person |
| 25 |
acting in pursuance of arrangements of the kind mentioned in section |
| |
5(2) of the Criminal Justice and Court Services Act 2000 (c. 43); and |
| |
(d) | 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. |
| 30 |
38 | Reports on the outcome of an investigation under section 37 |
| |
(1) | After conducting an investigation under section 37 the Commissioner shall |
| |
report in writing on the outcome of the investigation to— |
| |
(a) | the Secretary of State; and |
| |
(b) | such other persons (if any) as the Secretary of State may direct. |
| 35 |
(2) | Subject to any directions given by the Secretary of State, the Commissioner |
| |
| |
(a) | make different reports under this section to different persons; |
| |
(b) | show any person a draft of the whole or any part of a report to be made |
| |
| 40 |
(c) | publish the whole or any part of a report made under this section; |
| |
| but, in the case of an investigation of a death, the name of the deceased person |
| |
must not be published without the consent of a personal representative of that |
| |
| |
| |
| |
|
