PART 2The Prison Ombudsman For Northern Ireland

Own-initiative investigations

41Own-initiative investigations

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.