Northern Ireland Commissioner for Prison Complaints: 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 (Northern Ireland Commissioner for Prison Complaints: investigations of death).

(2) The Commissioner shall make a report to—

(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.

(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,

(b) was the partner, or other close 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 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—

(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.

(8) The Commissioner must not under subsection (7)(c)—

(a) identify the deceased person without the consent of a personal representative of that person,

(b) identify any individual from whom any information in the report was received, or

(c) except where the Commissioner thinks it necessary in the public interest, identify any individual to whom any information in the report relates.

(9) Subsection (8)(c) does not apply in relation to the deceased person.’.—[Maria Eagle.]