|
| |
|
(ii) | an offence of perjury alleged to have been committed in relation |
| |
to anything being done in connection with the Commissioner’s |
| |
| |
| or for the purposes of an investigation with a view to the taking of such |
| |
| 5 |
(d) | for the purposes of proceedings under section 70; |
| |
(e) | to a coroner (or a person acting on behalf of a coroner) for the purposes |
| |
| |
(f) | to the Chief Inspector of Criminal Justice in Northern Ireland for the |
| |
purposes of the exercise of any of the functions of that office; |
| 10 |
(g) | to Her Majesty’s Chief Inspector of Prisons for England and Wales for |
| |
the purposes of the exercise of any of the functions of that office; |
| |
(h) | in the case of information to which subsection (4) applies, to the |
| |
Information Commissioner; |
| |
(i) | in the case of information to which subsection (7) applies, to any person |
| 15 |
to whom the Commissioner thinks it should be disclosed in the public |
| |
| |
(4) | This subsection applies to information if it appears to the Commissioner to |
| |
| |
(a) | a matter in respect of which the Information Commissioner could |
| 20 |
exercise a power conferred by an enactment mentioned in subsection |
| |
| |
(b) | the commission of an offence mentioned in subsection (6). |
| |
(5) | Those enactments are— |
| |
(a) | Part 5 of the Data Protection Act 1998 (c. 29); |
| 25 |
(b) | section 48 of the Freedom of Information Act 2000 (c. 36); |
| |
| |
(6) | Those offences are offences under— |
| |
(a) | any provision of the Data Protection Act 1998 other than paragraph 12 |
| |
| 30 |
(b) | section 77 of the Freedom of Information Act 2000. |
| |
(7) | This subsection applies to information if— |
| |
(a) | in the opinion of the Commissioner it reveals or otherwise relates to a |
| |
serious threat to the health or safety of a person; or |
| |
(b) | it does not fall within paragraph (a) but the Commissioner is |
| 35 |
nevertheless of the opinion that it should be disclosed for the purpose |
| |
of enabling such a threat to be dealt with. |
| |
(8) | No person mentioned in subsection (10) may be called upon in any |
| |
proceedings to give evidence of protected information within subsection (1)(a) |
| |
| 40 |
(9) | Subsection (8) does not apply in relation to proceedings mentioned in |
| |
subsection (3)(c) to (e). |
| |
| |
| |
(b) | a member of the Commissioner’s staff; |
| 45 |
(c) | a person from whom advice is obtained by virtue of paragraph 11 of |
| |
| |
|
| |
|
| |
|
(11) | For the purposes of the law of defamation the publication of any matter by the |
| |
Commissioner for purposes connected with his functions (including functions |
| |
under this section) shall be absolutely privileged. |
| |
73 | Disclosure prejudicial to national security or contrary to public interest |
| |
(1) | The Secretary of State may give a notice to the Commissioner stating that the |
| 5 |
| |
(a) | any document or information specified in the notice, or |
| |
(b) | any description of document or information so specified, |
| |
| would, in the opinion of the Secretary of State, prejudice national security or |
| |
would otherwise be contrary to the public interest. |
| 10 |
(2) | Nothing in this Part authorises or requires the Commissioner (or any member |
| |
of the Commissioner’s staff) to disclose to any person or for any purpose any |
| |
document or information covered by a current notice under subsection (1). |
| |
74 | Offence of wrongful disclosure |
| |
(1) | It is an offence for a person to whom this section applies— |
| 15 |
(a) | to disclose information in contravention of section 72, or |
| |
(b) | to disclose any document or information specified, or of a description |
| |
specified, in a current notice under section 73. |
| |
(2) | The persons to whom this section applies are— |
| |
| 20 |
(b) | any member of the Commissioner’s staff, and |
| |
(c) | any person from whom advice is obtained advice by virtue of |
| |
paragraph 11 of Schedule 12. |
| |
(3) | A person who is guilty of an offence under this section is liable on summary |
| |
conviction to a fine not exceeding level 5 on the standard scale. |
| 25 |
75 | Notification of matters of potential concern to the police or other authorities |
| |
(1) | If while performing any functions the Commissioner forms the opinion— |
| |
(a) | that there should be a criminal investigation into any matter, or |
| |
(b) | that a controlling authority should, as a matter of urgency, take action |
| |
in relation to any matter, |
| 30 |
| the Commissioner may notify a police force or that authority (as the case may |
| |
be) of the matter as soon as is practicable. |
| |
(2) | A notification under subsection (1) may include such information relating to |
| |
the matter in question as the Commissioner thinks fit. |
| |
| 35 |
| |
(1) | Subject to subsection (3), the Commissioner may make payments (of such |
| |
amounts as the Commissioner thinks fit) towards the expenses of— |
| |
(a) | a person who has made an eligible complaint; or |
| |
|
| |
|
| |
|
(b) | a person who provides the Commissioner with information or other |
| |
assistance in relation to an eligible complaint or to an investigation |
| |
| |
(2) | The Treasury may issue guidelines in relation to— |
| |
(a) | the circumstances under which payments under this section may be |
| 5 |
| |
(b) | the amounts of such payments. |
| |
(3) | The Commissioner must comply with any guidelines so issued. |
| |
77 | Transitional provision: the Prisoner Ombudsman for Northern Ireland |
| |
(1) | The Prisoner Ombudsman for Northern Ireland (“the Ombudsman”) has no |
| 10 |
power to act in relation to— |
| |
(a) | any complaint made after commencement (whether or not it relates to |
| |
events which occurred before or on or after 2 May 2005); |
| |
(b) | any death or other matter occurring after commencement; |
| |
(c) | any matter referred by the Secretary of State after commencement. |
| 15 |
(2) | The Ombudsman shall continue to act (under the applicable terms of reference) |
| |
| |
(a) | any complaint made before commencement (“an existing complaint”), |
| |
(b) | any death occurring before commencement (“an existing death |
| |
| 20 |
(c) | any other matter referred to the Commissioner by the Secretary of State |
| |
before commencement (“an existing referral investigation”), |
| |
| unless the complaint, death or matter is treated by the Commissioner as one to |
| |
be dealt with under this Part by virtue of subsection (4). |
| |
(3) | The Ombudsman may re-open a completed investigation into any death or |
| 25 |
other matter referred by the Secretary of State (unless it has previously been re- |
| |
opened under section 64 or 66 by the Commissioner). |
| |
(4) | The Commissioner may treat— |
| |
(a) | an existing complaint (so far as relating to matters within the |
| |
complaints remit) as an eligible complaint (whether or not it relates to |
| 30 |
events which occurred before or on or after 2 May 2005); |
| |
(b) | an existing death investigation (if it relates to a death that would fall |
| |
within the deaths remit if it occurred after the commencement of this |
| |
section) as an investigation under section 64; |
| |
(c) | an existing referral investigation (so far as relating to matters that could |
| 35 |
be the subject of a request under section 66) as an investigation under |
| |
| |
(5) | For the purposes of any complaint, death or matter which is to any extent dealt |
| |
with under this Part by virtue of subsection (4), things done by or in relation to |
| |
the Ombudsman shall be treated as having been done by or in relation to the |
| 40 |
| |
(6) | In this section “commencement’ means the commencement of this section. |
| |
78 | Interpretation of Part 5 |
| |
| |
|
| |
|
| |
|
“applicable premises” means a prison, a young offenders centre or a |
| |
remand centre in Northern Ireland; |
| |
“the complaints remit” is to be construed in accordance with section 59(2); |
| |
“controlling authority” means— |
| |
(a) | a person listed in Schedule 15; or |
| 5 |
(b) | any person of a description specified in an order made by the |
| |
| |
“the deaths remit” is to be construed in accordance with section 64(2); |
| |
“document” includes information recorded in any form; |
| |
“eligible”, in relation to a complaint or part of a complaint, means eligible |
| 10 |
for the purposes of this Part in accordance with section 59(1) (and |
| |
cognate expressions are to be construed accordingly); |
| |
“events” includes any conduct or omission; |
| |
| |
(a) | the Police Service of Northern Ireland; |
| 15 |
(b) | a police force in England, Wales or Scotland; |
| |
(c) | the Ministry of Defence Police; |
| |
(d) | the British Transport Police Force; |
| |
and “police officer” shall be construed accordingly; |
| |
“prison officer” means an individual appointed to a post under section |
| 20 |
2(2) of the Prison Act (Northern Ireland) 1953 (N.I.18); |
| |
“prisoner custody officer” means a person who is a prison custody officer |
| |
within the meaning of Chapter 3 of Part 8 of the Criminal Justice and |
| |
Public Order Act 1994 (c. 33); |
| |
“the relevant person”, in relation to a complaint, has the meaning given by |
| 25 |
| |
“subordinate legislation” has the same meaning as in the Interpretation |
| |
| |
(2) | In this section, “prison” has the same meaning as in the Prison Act (Northern |
| |
| 30 |
(3) | Any power under this Part to make an order modifying a provision of any |
| |
legislation includes power to amend, repeal or revoke that provision. |
| |
79 | Power to modify certain provisions of Part 5 |
| |
(1) | The Secretary of State may by order modify Schedule 13 so as to— |
| |
(a) | add a description of matter to that Schedule; or |
| 35 |
(b) | amend or repeal any description of matter for the time being specified |
| |
| |
(2) | The power in subsection (1) may not be exercised so as to exclude any matters |
| |
that fall within a description specified in Schedule 13 when this Act is passed. |
| |
(3) | The Secretary of State may by order modify Schedule 14 so as to— |
| 40 |
(a) | add a description of death; or |
| |
(b) | amend or repeal any description of death for the time being specified |
| |
| |
(4) | The power in subsection (3) may not be exercised so as to exclude any deaths |
| |
that fall within a description specified in Schedule 14 when this Act is passed. |
| 45 |
|
| |
|
| |
|
(5) | The Secretary of State may by order modify subsection (3) of section 66 so as |
| |
| |
(a) | add a description of events; or |
| |
(b) | amend or repeal any description of events for the time being specified |
| |
| 5 |
(6) | The Secretary of State may by order modify section 72 so as to— |
| |
(a) | add an exception to subsection (3); |
| |
(b) | amend or repeal an exception for the time being specified in that |
| |
| |
(c) | specify further circumstances in which subsection (8) does not apply. |
| 10 |
(7) | The power in subsection (6) may not be exercised so as to have the effect of |
| |
removing or limiting an exception contained in section 72(3)(a) or (b) when this |
| |
| |
(8) | The power under section 170(2)(c) to make consequential provision in an order |
| |
under this section includes power to modify this or any other Act or any |
| 15 |
subordinate legislation, or any Northern Ireland legislation or instrument |
| |
made under Northern Ireland legislation, whenever passed or made. |
| |
(9) | Nothing in subsection (2), (4) or (7) prevents a power under this section being |
| |
used to remove any provision that is spent. |
| |
80 | Power to confer new functions on Commissioner |
| 20 |
(1) | The Secretary of State may by order make provision (whether by amending |
| |
this Part or otherwise) for or in connection with— |
| |
(a) | the conferring of additional functions on the Commissioner; |
| |
(b) | the conferring of functions on the Secretary of State in relation to any |
| |
additional function conferred on the Commissioner. |
| 25 |
(2) | The power under section 170(2)(c) to make consequential provision in an order |
| |
under this section includes power to modify this or any other Act or any |
| |
subordinate legislation, or any Northern Ireland legislation or instrument |
| |
made under Northern Ireland legislation, whenever passed or made. |
| |
| 30 |
Other criminal justice provisions |
| |
Alternatives to prosecution |
| |
81 | Alternatives to prosecution for offenders under 18 |
| |
Schedule 16 amends the Crime and Disorder Act 1998 (c. 37)— |
| |
(a) | to make provision for the giving of youth conditional cautions to |
| 35 |
offenders aged 16 and 17, and |
| |
(b) | to make minor amendments relating to reprimands and warnings |
| |
under section 65 of that Act. |
| |
|
| |
|