Prospective
41—(1) The Ombudsman may carry out an investigation under this section into a matter if—
(a)the matter relates—
(i)to the way in which a prisoner has been treated by a prison officer;
(ii)to the way in which a person visiting a prison has been treated by a prison officer;
(iii)to the facilities available to a person at a prison (including, in the case of a prisoner, facilities for the welfare of the prisoner);
(iv)to the cleanliness and adequacy of a prison; and
(b)the Ombudsman has reasonable grounds for believing that, in relation to the matter—
(i)a number of events of the same or a similar nature have occurred; and
(ii)the number or frequency of the events requires the matter to be investigated under this section.
(2) Before commencing an investigation under this section, the Ombudsman must—
(a)consult the Department; and
(b)inform the Department of the matter proposed to be investigated and of the grounds referred to in subsection (1)(b).
(3) It is for the Ombudsman to determine the procedures to be applied to an investigation under this section.
(4) This section applies to a matter whether or not a complaint has been, or could be, made about the matter under section 35.