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Criminal Justice and Immigration Bill


Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons

24

 

(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

consent; or

(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

the complainant.

(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

receive it; and

(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

consent.

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

within the deaths remit.

(2)   

A death falls within the deaths remit if it is of a description specified in

30

Schedule 8.

(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

request of a person who—

40

(a)   

is conducting a criminal investigation, and

 
 

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons

25

 

(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

conclusion.

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

death, or

(c)   

appears to the Commissioner to have been a friend of the deceased at

the time of the death.

(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

the investigation.

(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

under this section;

(c)   

publish the whole or any part of a report made under this section;

 
 

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons

26

 

   

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

under this section.

(3)   

A request may specify any matter relating to events which have (or may have)

occurred—

(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

custody officer;

(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

of probation services,

   

in connection with responsibilities assumed by the board, provider or

officer in relation to a person who has been charged with or convicted

of an offence;

(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

1998 (c. 46).

(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

Scotland.

45

(7)   

It is the duty of the Commissioner to investigate any matter which is the subject

of a request under this section.

 
 

Criminal Justice and Immigration Bill
Part 4 — Her Majesty’s Commissioner for Offender Management and Prisons

27

 

(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

section);

15

   

and a re-opened investigation shall be treated for the purposes of this Part as a

separate investigation under this section.

(12)   

In subsection (3)—

(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

etc.));

(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

may—

(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

under this section;

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

person.

 
 

 
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