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| | ‘(1) | Part 9 of the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I 1981/1675 |
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| | (N.I. 26) is modified as follows in its application to financial penalties by virtue |
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| | of section (Procedure on receipt of certificate by clerk of petty sessions)(6) above. |
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| | (2) | Article 92 applies in relation to any financial penalty for an amount exceeding |
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| | £20,000 as if for paragraph (5) there were substituted— |
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| | “(5) | The period for which a person may be committed to prison under this |
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| | Article in default of payment or levy of any sum or part of such sum |
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| | shall not exceed the maximum period which the Crown Court could |
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| | have fixed under section 35(1)(c) of the Criminal Justice Act |
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| | (Northern Ireland) 1945 had the financial penalty been a fine imposed |
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| | |
| | (3) | For the purpose of determining whether a financial penalty specified in a currency |
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| | other than sterling is for an amount exceeding £20,000, the exchange rate |
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| | prevailing on the relevant date must be used. |
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| | (4) | In subsection (3), the “relevant date” means the date on which the decision |
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| | imposing the financial penalty was made. |
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| | (5) | Article 95 applies as if for the words from “he is residing” in paragraph (1) to the |
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| | end of that paragraph there were substituted “he is residing, or has property or a |
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| | source of income, in any local justice area in England and Wales— |
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| | (a) | the court may order that payment of the sum shall be enforceable |
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| | in that local justice area, and |
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| | (b) | if such an order is made, the court must notify the Lord |
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| | Transfer of certificates to central authority for Scotland |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where— |
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| | (a) | the competent authority or central authority of a member State other than |
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| | the United Kingdom gives the Lord Chancellor— |
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| | (i) | a certificate requesting enforcement under the Framework |
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| | Decision on financial penalties, and |
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| | (ii) | the decision, or a certified copy of the decision, requiring |
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| | payment of the financial penalty to which the certificate relates, |
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| | |
| | (b) | the Lord Chancellor is not required by section 78 or (Requests from other |
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| | member States: Northern Ireland) to give the documents to a designated |
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| | officer for a local justice area in England and Wales or to a clerk of petty |
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| | sessions for a petty sessions district in Northern Ireland. |
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| | (2) | If the certificate states that the person is normally resident or has property or a |
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| | source of income in Scotland, the Lord Chancellor must give the documents to |
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| | the central authority for Scotland.’. |
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| | Contents of an accused’s defence statement |
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| To move the following Clause:— |
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| | ‘In section 6A(1) of the Criminal Procedure and Investigations Act 1996 (c. 25) |
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| | (contents of defence statement), after “prosecution,” in paragraph (c) insert— |
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| | “(ca) | setting out particulars of the matters of fact on which he intends |
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| | to rely for the purposes of his defence,”.’. |
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| | Appointment etc. of Northern Ireland Commissioner for Prison Complaints |
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| To move the following Clause:— |
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| | ‘(1) | There shall be a Commissioner, to be known as the Northern Ireland |
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| | Commissioner for Prison Complaints (referred to in this Part as “the |
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| | |
| | (2) | The main functions of the Commissioner are— |
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| | (a) | dealing with eligible complaints (see sections (Northern Ireland |
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| | Commissioner for Prison Complaints: eligible complaints: general) to |
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| | (Northern Ireland Commissioner for Prison Complaints: |
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| | recommendations by Commissioner); |
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| | (b) | investigating deaths falling within the deaths remit (see sections |
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| | (Northern Ireland Commissioner for Prison Complaints: investigations |
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| | of deaths) and (Northern Ireland Commissioner for Prison Complaints: |
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| | reports on the outcome of a death investigation)); |
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| | (c) | carrying out other investigations at the request of the Secretary of State |
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| | (see sections (Northern Ireland Commissioner for Prison Complaints: |
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| | investigations requested by the Secretary of State) and (Northern Ireland |
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| | Commissioner for Prison Complaints: reports on the outcome of an |
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| | investigation under section (Northern Ireland Commissioner for Prison |
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| | Complaints: investigations requested by the Secretary of State)). |
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| | (3) | The functions of the Commissioner are performed on behalf of the Crown. |
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| | (4) | The Secretary of State shall pay such sums towards the expenses of the |
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| | Commissioner as the Secretary of State may determine. |
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| | (5) | Schedule (The Northern Ireland Commissioner for Prison Complaints) makes |
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| | further provision about the Commissioner.’. |
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| | Northern Ireland Commissioner for Prison Complaints: eligible complaints: general |
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| To move the following Clause:— |
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| |
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| | ‘(1) | A complaint is eligible for the purposes of this Part if— |
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| | (a) | it is about a matter within the complaints remit; |
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| | (b) | the matter relates to events which occurred on or after 2 May 2005; |
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| | (c) | it is not ineligible by virtue of section (Northern Ireland Commissioner |
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| | for Prison Complaints: eligible complaints: specific requirements |
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| | applicable to all complaints); and |
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| | (d) | it is made to the Commissioner by a person entitled to make it. |
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| | (2) | A matter is within the complaints remit if it is of a description specified in Part 1 |
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| | of Schedule (The Northern Ireland Commissioner for Prison Complaints: |
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| | complaints remit) and is not an excluded matter. |
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| | (3) | In subsection (2) “excluded matter” means— |
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| | (a) | a matter specified under subsection (4); |
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| | (b) | a matter to which subsection (5) applies; or |
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| | (c) | a health care matter (see subsection (7)). |
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| | (4) | The Secretary of State may by order specify matters that are to be excluded |
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| | matters for the purposes of subsection (2). |
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| | | The matters so specified may (without prejudice to the generality of the power) |
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| | include complaints relating to events occurring at any description of applicable |
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| | premises specified in the order. |
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| | (5) | This subsection applies to any matter which has been determined— |
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| | (a) | by a court (whether at a trial or otherwise); |
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| | (b) | by a tribunal specified in Schedule 1 to the Tribunals and Inquiries Act |
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| | |
| | (c) | by the Secretary of State or the Life Sentence Review Commissioners |
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| | under the Life Sentences (Northern Ireland) Order 2001 (S.I. 2001/2564 |
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| | (d) | by the Secretary of State or the Sentence Review Commissioners under |
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| | the Northern Ireland (Sentences) Act 1998 (c. 35); |
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| | (e) | by the Secretary of State under the Northern Ireland (Remission of |
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| | Sentences) Act 1995 (c. 47). |
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| | (6) | Nothing in subsection (5) affects the eligibility of a complaint about the conduct |
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| | of a person in connection with the provision of a report for— |
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| | (a) | a court or tribunal, or |
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| | (b) | the Secretary of State, the Life Sentence Review Commissioners or the |
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| | Sentence Review Commissioners in connection with their functions |
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| | under any enactment mentioned in subsection (5)(c) to (e). |
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| | (7) | A health care matter is a matter relating to— |
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| | (a) | action taken in relation to general health services by a person mentioned |
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| | in Article 8(3)(a) to (d) of the Commissioner for Complaints (Northern |
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| | Ireland) Order 1996 (S.I. 1996/1297 (N.I.7)), or |
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| | (b) | action taken in relation to a service provided under arrangements with a |
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| | health and social services body or a general health services provider by a |
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| | person mentioned in Article 8A(3)(a) to (d) of that Order. |
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| | (8) | In subsection (7), “action”, “general health services”, “general health services |
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| | provider” and “health and social services body” have the same meaning as in that |
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| | (9) | It is for the Commissioner to determine procedures for the making of complaints |
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| | (but they must not preclude the making of oral complaints). |
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| | (10) | A person is entitled to make a complaint if that person— |
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| | (a) | is the relevant person in relation to the complaint; or |
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| | (b) | where the relevant person is dead or unable to act, appears to the |
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| | Commissioner to be an appropriate person to make the complaint. |
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| | (11) | In this Part, “the relevant person”, in relation to a complaint about a matter within |
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| | the complaints remit, is the person mentioned in the relevant paragraph of |
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| | Schedule (The Northern Ireland Commissioner for Prison Complaints: |
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| | complaints remit) as having been affected by that matter. |
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| | (12) | For the purpose of determining whether a part of a complaint is eligible for the |
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| | purposes of this Part, any reference in this section (apart from subsection (9)) to |
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| | a complaint may be read as including a reference to a part of a complaint.’. |
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| | Northern Ireland Commissioner for Prison Complaints: eligible complaints: specific |
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| | requirements applicable to all complaints |
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| To move the following Clause:— |
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| | ‘(1) | Subject to subsection (3), a complaint is ineligible by virtue of this section if the |
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| | Commissioner is satisfied that any of the requirements specified in subsection (2) |
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| | |
| | (2) | Those requirements are— |
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| | (a) | that a period of no more than one year has passed since the complainant |
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| | first became aware of the matters giving rise to the substance of the |
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| | |
| | (b) | that the substance of the complaint has been communicated to the |
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| | responsible authority and it has had a reasonable opportunity to deal with |
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| | (c) | where the responsible authority has responded to the substance of the |
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| | complaint following such a communication (whether by rejecting it or by |
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| | addressing it in some other way) that a period of no more than three |
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| | months has passed since it did so. |
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| | (3) | But the Commissioner may— |
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| | (a) | waive any requirement specified in subsection (2), or |
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| | (b) | extend any period so specified, |
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| | | if satisfied that there is good reason why that requirement or period should be |
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| | waived or extended in relation to the complaint. |
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| | (4) | In this section “the responsible authority”, in relation to a complaint, means the |
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| | controlling authority appearing to the Commissioner to have the most direct |
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| | responsibility for the matters covered by the complaint. |
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| | (5) | For the purpose of determining whether a part of a complaint is ineligible by |
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| | virtue of this section, any reference in this section to a complaint may be read as |
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| | including a reference to a part of a complaint.’. |
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| | Northern Ireland Commissioner for Prison Complaints: treatment of complaints |
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| To move the following Clause:— |
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| | ‘(1) | This section applies where a complaint is made to the Commissioner. |
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| | (2) | The Commissioner shall— |
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| | (a) | consider the eligibility of the complaint, and |
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| | (b) | unless it is rejected as being ineligible, take appropriate action to deal |
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| | |
| | | The duty under paragraph (b) is subject to the following provisions of this section. |
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| | (3) | The action which may be taken by the Commissioner to deal with the complaint |
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| | (a) | investigating the complaint, or |
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| | (b) | taking, or facilitating the taking by another person of, any other action |
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| | (such as mediation or conciliation) which the Commissioner considers |
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| | may result in the resolution of the complaint, |
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| | | or any combination of the actions mentioned in paragraph (a) and (b). |
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| | (4) | The Commissioner shall reject the whole or any part of the complaint if— |
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| | (a) | when considering the eligibility of the complaint under subsection (2), or |
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| | (b) | at any time before the complaint has been fully dealt with, |
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| | | the Commissioner decides that the complaint or part of the complaint is ineligible. |
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| | (5) | The Commissioner need not decide that the whole or any part of the complaint is |
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| | ineligible so long as the Commissioner considers that it is or might be eligible. |
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| | (6) | The Commissioner may (for any reason not relating to eligibility) decline to take, |
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| | defer or stop taking action to deal with the whole or any part of the complaint. |
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| | (7) | Where the Commissioner— |
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| | (a) | rejects part of a complaint, or |
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| | (b) | declines to take or stops taking action to deal with part of a complaint, |
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| | | the rest of the complaint shall be dealt with subsequently as if it were the |
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| | complaint made by the complainant. |
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| | |
| | (a) | the whole or any part of a complaint has been rejected, or |
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| | (b) | a power under subsection (7)(b) has been exercised, |
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| | | the Commissioner may decide to re-open (and take action or further action under |
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| | subsection (3) to deal with) the whole or any part of the complaint. |
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| | (9) | But a complaint or part of a complaint may not be re-opened unless the |
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| | Commissioner considers that it is or might be eligible. |
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| | (10) | Where part of a complaint is re-opened it may be dealt with subsequently as if it |
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| | were a separate complaint made by the complainant. |
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| | (11) | If the Commissioner decides— |
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| | (a) | to reject the whole or any part of the complaint, |
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| | (b) | to take any step mentioned in subsection (6) or (8), |
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| | | the Commissioner shall notify the complainant (with a brief statement of the |
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| | reasons for the decision) and may notify such other persons as the Commissioner |
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| | (12) | Notification under subsection (11) may be given orally. |
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| | (13) | If the complainant has died or is unable to act, the reference in subsection (11) to |
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| | the complainant is to be read as a reference to the person who appears to the |
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| | Commissioner to be the most appropriate person to receive the notification. |
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| | (14) | Subject to the provisions of this section, it is for the Commissioner to determine |
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| | the procedures applicable to anything which is to be done in relation to the |
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| | Northern Ireland Commissioner for Prison Complaints: report on the outcome of an |
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| To move the following Clause:— |
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| | ‘(1) | If a complaint has been investigated or otherwise dealt with, the Commissioner— |
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| | (a) | shall make a report on the outcome of the investigation to the |
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| | |
| | (b) | may make a report on that outcome to any other person. |
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| | (2) | The Commissioner may— |
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| | (a) | make a report orally; |
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| | (b) | make different reports to different persons; |
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| | (c) | show any person a draft of the whole or any part of a report; |
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| | (d) | publish the whole or any part of a report. |
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| | (3) | But the Commissioner shall not under subsection (2)(d)— |
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| | (a) | identify the complainant without the complainant’s consent; |
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| | (b) | if the complainant is not the relevant person in relation to the complaint, |
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| | identify the relevant person without the consent of the complainant; |
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| | (c) | identify any individual from whom any information in the report was |
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| | (d) | except where the Commissioner thinks it necessary in the public interest, |
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| | identify any individual to whom any information in the report relates. |
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| | (4) | Subsection (3)(c) and (d) do not apply in relation to the complainant or (if |
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| | different) the relevant person. |
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| | (5) | If the complainant has died or is unable to act— |
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| | (a) | the report required under subsection (1)(a) shall be made to the person |
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| | who appears to the Commissioner to be the most appropriate person to |
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| | |
| | (b) | the consent required by subsection (3)(b) may be given by any person |
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| | appearing to the Commissioner to be an appropriate person to give that |
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| | |
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| | Northern Ireland Commissioner for Prison Complaints: recommendations by |
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| To move the following Clause:— |
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| | ‘(1) | The Commissioner may make recommendations to a controlling authority about |
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| | any matter arising from a complaint which is or has been the subject of |
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| | investigation by the Commissioner. |
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| | (2) | The authority must, within the period of 28 days commencing with the day on |
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| | which it receives the recommendations, respond in writing to the Commissioner |
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| | setting out (with reasons) what it proposes to do about them. |
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| | (3) | The Commissioner may report on that response to such persons as the |
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| | Commissioner may think fit. |
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| | (4) | Subsections (2) to (5) of section (Northern Ireland Commissioner for Prison |
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| | Complaints: report on the outcome of an investigation) apply in relation to |
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| | reports under subsection (3) above as they apply in relation to reports required by |
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| | Northern Ireland Commissioner for Prison Complaints: investigation of deaths |
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| To move the following Clause:— |
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| | ‘(1) | The Commissioner shall carry out an investigation of every death falling within |
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| | (2) | A death falls within the deaths remit if it is of a description specified in Schedule |
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| | (Northern Ireland Commissioner for Prison Complaints: deaths remit). |
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| | (3) | In carrying out the investigation, the Commissioner must aim— |
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| | (a) | to establish the circumstances surrounding the death; and |
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| | (b) | if the Commissioner considers it would be helpful to do so, to identify |
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| | steps that should be taken for the purpose of eliminating or reducing the |
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| | risk of deaths occurring under the same or similar circumstances. |
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| | (4) | Subject to that, it is for the Commissioner to determine the scope of, and the |
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| | procedure to be applied to, the investigation. |
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| | (5) | The Commissioner may defer the whole or any part of the investigation at the |
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| | request of a person who — |
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| | (a) | is conducting a criminal investigation, and |
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| | (b) | considers that that investigation might be adversely affected by the |
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| | Commissioner’s investigation. |
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| | (6) | In subsection (5) “criminal investigation” means an investigation conducted by |
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| | police officers or other persons with a view to ascertaining whether an offence has |
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| | been committed or whether a person should be charged with an offence. |
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| | (7) | The Commissioner may at any time reopen the investigation of— |
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| | (a) | a death previously investigated under this section; or |
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| | (b) | a death previously investigated by the Prisoner Ombudsman for Northern |
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| | Ireland that would, if it occurred after the commencement of this section, |
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| | fall within the deaths remit; |
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| | | and a re-opened investigation shall be treated for the purposes of this Part as a |
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| | separate investigation under this section. |
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| | (8) | The Commissioner may make recommendations to a controlling authority about |
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| | any matter arising from an investigation. |
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