New Clause 67

Criminal Justice and Immigration Bill – in a Public Bill Committee am 5:30 pm ar 29 Tachwedd 2007.

Danfonwch hysbysiad imi am ddadleuon fel hyn

Northern Ireland Commissioner for Prison Complaints: 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 Schedule (Northern Ireland Commissioner for Prison Complaints: deaths remit).

(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 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 —

(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.

(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 Prisoner Ombudsman for Northern Ireland that would, if it occurred after the commencement of this section, fall within the deaths remit;

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 conclusion.’.—[Maria Eagle.]

Brought up, read the First and Second time, and added to the Bill.