xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"

Part II E+W+N.I. The Criminal Cases Review Commission

Supplementary powersE+W+N.I.

17 Power to obtain documents etc. [F1from those serving in public bodies] E+W+N.I.

(1)This section applies where the Commission believe that a person serving in a public body has possession or control of a document or other material which may assist the Commission in the exercise of any of their functions.

(2)Where it is reasonable to do so, the Commission may require the person who is the appropriate person in relation to the public body—

(a)to produce the document or other material to the Commission or to give the Commission access to it, and

(b)to allow the Commission to take away the document or other material or to make and take away a copy of it in such form as they think appropriate,

and may direct that person that the document or other material must not be destroyed, damaged or altered before the direction is withdrawn by the Commission.

(3)The documents and other material covered by this section include, in particular, any document or other material obtained or created during any investigation or proceedings relating to—

(a)the case in relation to which the Commission’s function is being or may be exercised, or

(b)any other case which may be in any way connected with that case (whether or not any function of the Commission could be exercised in relation to that other case).

(4)The duty to comply with a requirement under this section is not affected by any obligation of secrecy or other limitation on disclosure (including any such obligation or limitation imposed by or by virtue of an enactment) which would otherwise prevent the production of the document or other material to the Commission or the giving of access to it to the Commission.

Textual Amendments

18 Government documents etc. relating to current or old cases.E+W+N.I.

(1)Section 17 does not apply to any document or other material in the possession or control of a person serving in a government department if the document or other material—

(a)is relevant to a case to which this subsection applies, and

(b)is in the possession or control of the person in consequence of the Secretary of State’s consideration of the case.

(2)Subsection (1) applies to a case if the Secretary of State—

(a)is, immediately before the day on which the repeal by this Act of section 17 of the 1968 Act or of section 14 of the 1980 Act comes into force, considering the case with a view to deciding whether to make a reference under that section or whether to recommend the exercise of Her Majesty’s prerogative of mercy in relation to a conviction by a magistrates’ court, or

(b)has at any earlier time considered the case with a view to deciding whether to make such a reference or whether so to recommend [F2or

(c)is considering the case, or has at any earlier time considered the case, with a view to deciding whether to make a reference under section 34 of the Court Martial Appeals Act or whether to recommend the exercise of Her Majesty's prerogative of mercy in relation to a conviction by the Court Martial or the Service Civilian Court].

(3)The Secretary of State shall give to the Commission any document or other material which—

(a)contains representations made to him in relation to any case to which this subsection applies, or

(b)was received by him in connection with any such case otherwise than from a person serving in a government department,

and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).

(4)Subsection (3) applies to a case if—

(a)the Secretary of State is, immediately before the day on which the repeal by this Act of section 17 of the 1968 Act or of section 14 of the 1980 Act comes into force, considering the case with a view to deciding whether to make a reference under that section or whether to recommend the exercise of Her Majesty’s prerogative of mercy in relation to a conviction by a magistrates’ court, or

(b)the Secretary of State has at any earlier time considered the case with a view to deciding whether to make such a reference, or whether so to recommend, and the Commission at any time notify him that they wish subsection (3) to apply to the case.

[F3(5)The Secretary of State shall, if required by the Commission to do so, give to the Commission any document or other material which—

(a)contains representations made to him in relation to any case to which this subsection applies, or

(b)was received by him in connection with any such case otherwise than from a person serving in a government department,

and may give to the Commission any document or other material which is relevant to any such case but does not fall within paragraph (a) or (b).

(6)Subsection (5) applies to a case if the Secretary of State is considering the case, or has at any earlier time considered the case, as mentioned in subsection (2)(c).]

Textual Amendments

F2S. 18(2)(c) and preceding word added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 7(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3S. 18(5)(6) added (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 7(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

[F418AObtaining documents etc from those not serving in public bodiesE+W+N.I.

(1)The Crown Court may, on an application by the Commission, order a person to give the Commission access to a document or other material that is in the person's possession or control.

(2)The court may make an order only if it thinks that the document or other material may assist the Commission in the exercise of any of their functions.

(3)An order under this section may include provision about the manner in which access must be given, including provision allowing the Commission to take away a document or other material or make copies.

(4)An order under this section may direct the person against whom it is made not to destroy, damage or alter the document or other material before the direction is withdrawn by the court.

(5)An order under this section may not be made against a person on whom the Commission could impose a requirement under section 17 (person serving in a public body).

(6)Subsections (3) and (4) of section 17 apply for the purposes of this section as they apply for the purposes of that section.]

19 Power to require appointment of investigating officers.E+W+N.I.

(1)Where the Commission believe that inquiries should be made for assisting them in the exercise of any of their functions in relation to any case they may require the appointment of an investigating officer to carry out the inquiries.

(2)Where any offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed—

(a)on the person who is the appropriate person in relation to the public body, or

(b)where the public body has ceased to exist, on any chief officer of police or on the person who is the appropriate person in relation to any public body which appears to the Commission to have functions which consist of or include functions similar to any of those of the public body which has ceased to exist.

[F5(2A)Where the Commission has power to impose a requirement under paragraph (a) of subsection (2) and the public body referred to in that paragraph is mentioned in section 22(4A), that power includes power to impose the requirement on the Provost Marshal for serious crime (instead of the person who is the appropriate person in relation to the public body).]

(3)Where no offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed on any chief officer of police [F6or Provost Marshal].

(4)A requirement under this section imposed on a chief officer of police may be—

(a)a requirement to appoint a person serving in the police force in relation to which he is the chief officer of police, or

(b)a requirement to appoint a person serving [F7in a body selected by the chief officer which is—

(i)another police force,

(ii)a service police force, or

(iii)the tri-service serious crime unit.]

[F8(4A)A requirement under this section imposed on [F9the Provost Marshal of a service police force] may be—

(a)a requirement to appoint a person serving in [F10that service police force], or

[F11(b)a requirement to appoint a person serving in a body selected by the Provost Marshal which is—

(i)a police force,

(ii)another service police force, or

(iii)the tri-service serious crime unit.]

[F12(4B)A requirement under this section imposed on the Provost Marshal for serious crime may be—

(a)a requirement to appoint a person serving in the tri-service serious crime unit, or

(b)a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in a service police force selected by the Provost Marshal.]

(5)A requirement under this section [F13imposed otherwise than on a chief officer of police or a Provost Marshal may be]

(a)a requirement to appoint a person serving in the public body [F14in relation to which the person on whom the requirement is imposed is the appropriate person], or

[F15(b)a requirement to appoint a person serving in a body selected by the appropriate person which is—

(i)a police force, a service police force or the tri-service serious crime unit, or

(ii)a public body (not falling within sub-paragraph (i)) having functions which consist of or include the investigation of offences.]

(6)The Commission may direct—

(a)that a person shall not be appointed, or

(b)that [F16a body mentioned in subsection (4)(b), (4A)(b), (4B)(b) or (5)(b)] shall not be selected,

under subsection (4)[F17, (4A) [F18, (4B)]] or (5) without the approval of the Commission.

(7)Where an appointment is made under this section by the person who is the appropriate person in relation to any public body [F19or by the Provost Marshal for serious crime], that person shall inform the Commission of the appointment; and if the Commission are not satisfied with the person appointed they may direct that—

(a)the person who is the appropriate person in relation to the public body [F20or (as the case requires) the Provost Marshal for serious crime] shall, as soon as is reasonably practicable, select another person in his place and notify the Commission of the proposal to appoint the other person, and

(b)the other person shall not be appointed without the approval of the Commission.

[F21(8)In this section “tri-service serious crime unit” means the unit described in section 375(1A) of the Armed Forces Act 2006.]]

Textual Amendments

F5S. 19(2A) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(2); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F6Words in s. 19(3) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7Words in s. 19(4)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(3); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F8S. 19(4A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F9Words in s. 19(4A) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(4)(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F10Words in s. 19(4A)(a) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(4)(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F11S. 19(4A)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(4)(c); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F12S. 19(4B) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(5); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F13Words in s. 19(5) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(5)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F14Words in s. 19(5)(a) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(5)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F15S. 19(5)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(6); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F16Words in s. 19(6)(b) substituted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(7)(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F17Words in s. 19(6) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(6)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F18Word in s. 19(6) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(7)(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F19Words in s. 19(7) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(8)(a); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F20Words in s. 19(7)(a) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(8)(b); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

F21S. 19(8) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 4(9); S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

20 Inquiries by investigating officers.E+W+N.I.

(1)A person appointed as the investigating officer in relation to a case shall undertake such inquiries as the Commission may from time to time reasonably direct him to undertake in relation to the case.

(2)A person appointed as an investigating officer shall be permitted to act as such by the person who is the appropriate person in relation to the public body in which he is serving.

[F22(2A)In the application of subsection (2) in relation to an investigating officer who is serving in a public body mentioned in section 22(4A), the reference in subsection (2) to the person who is the appropriate person in relation to that public body is to be read as including (so far as necessary) a reference to the Provost Marshal for serious crime.]

(3)Where the chief officer of an England and Wales police force appoints a member of the Royal Ulster Constabulary as an investigating officer, the member appointed shall have in England and Wales the same powers and privileges as a member of the police force has there as a constable; and where the Chief Constable of the Royal Ulster Constabulary appoints a member of an England and Wales police force as an investigating officer, the member appointed shall have in Northern Ireland the same powers and privileges as a member of the Royal Ulster Constabulary has there as a constable.

(4)The Commission may take any steps which they consider appropriate for supervising the undertaking of inquiries by an investigating officer.

(5)The Commission may at any time direct that a person appointed as the investigating officer in relation to a case shall cease to act as such; but the making of such a direction shall not prevent the Commission from imposing a requirement under section 19 to appoint another investigating officer in relation to the case.

(6)When a person appointed as the investigating officer in relation to a case has completed the inquiries which he has been directed by the Commission to undertake in relation to the case, he shall—

(a)prepare a report of his findings,

(b)submit it to the Commission, and

(c)send a copy of it to the person by whom he was appointed.

(7)When a person appointed as the investigating officer in relation to a case submits to the Commission a report of his findings he shall also submit to them any statements, opinions and reports received by him in connection with the inquiries which he was directed to undertake in relation to the case.

Textual Amendments

F22S. 20(2A) inserted (1.5.2022 for specified purposes, 5.12.2022 in so far as not already in force) by Armed Forces Act 2021 (c. 35), s. 24(1), Sch. 5 para. 5; S.I. 2022/471, reg. 2(e); S.I. 2022/1095, reg. 4

21 Other powers.E+W+N.I.

Sections 17 to 20 are without prejudice to the taking by the Commission of any steps which they consider appropriate for assisting them in the exercise of any of their functions including, in particular—

(a)undertaking, or arranging for others to undertake, inquiries, and

(b)obtaining, or arranging for others to obtain, statements, opinions and reports.

22 Meaning of “public body” etc.E+W+N.I.

(1) In sections 17, 19 and 20 and this section “public body” means—

(a)any police force,

(b)any government department, local authority or other body constituted for purposes of the public service, local government or the administration of justice, or

(c)any other body whose members are appointed by Her Majesty, any Minister or any government department or whose revenues consist wholly or mainly of money provided by Parliament or appropriated by Measure of the Northern Ireland Assembly.

(2)In sections 19 and 20 and this section—

(a)police force” includes the Royal Ulster Constabulary and the Royal Ulster Constabulary Reserve F23... and any body of constables maintained otherwise than by a [F24local policing body],

[F25(b)references to the chief officer of police—

(i)in relation to the [F26Police Service of Northern Ireland] and the [F26Police Service of Northern Ireland Reserve], are to the Chief Constable of the Constabulary, [F27and]

F28(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(iii)in relation to any other police force maintained otherwise than by a [F29local policing body], are to the chief constable, [F30and]]

(c)references to an England and Wales police force are to a police force maintained under [F31section 2 of the Police Act 1996], the metropolitan police force [F32or the City of London police force].

F33(d). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F34(e). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)In section 18 and this section—

(a)references to a government department include a Northern Ireland department and the [F35Public Prosecution Service for Northern Ireland], and

(b)Minister” means a Minister of the Crown as defined by section 8 of the Ministers of the M1Crown Act 1975 but also includes the head of a Northern Ireland department.

(4)In sections 17, 19 and 20 “the appropriate person” means[F36, subject to subsection (4B)]

(a)in relation to a police force, the chief officer of police,

[F37(aa)in relation to the [F38National Crime Agency], the Director General of that Agency,]

(b)in relation to the Crown Prosecution Service, the Director of Public Prosecutions,

(c)in relation to the [F39Public Prosecution Service for Northern Ireland, the Director of Public Prosecutions for Northern Ireland],

(d)in relation to the Serious Fraud Office, the Director of the Serious Fraud Office,

[F40(e)in relation to Her Majesty’s Revenue and Customs, the Commissioners for Her Majesty’s Revenue and Customs,]

F41(f). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(g)in relation to any government department not within any of the preceding paragraphs, the Minister in charge of the department, and

(h)in relation to any public body not within any of the preceding paragraphs, the public body itself (if it is a body corporate) or the person in charge of the public body (if it is not).

[F42(4A)Subsection (4B) applies in relation to—

(a)the Royal Navy, the Royal Marines, the Royal Fleet Reserve, the Royal Naval Reserve and the Royal Marines Reserve,

(b)the regular army (within the meaning of the Armed Forces Act 2006), the [F43Regular Reserve] and the [F44Army Reserve], and

(c)the Royal Air Force, the Royal Air Force Reserve and the Royal Auxiliary Air Force.

(4B)In relation to a public body mentioned in subsection (4A), “the appropriate person” means—

(a)in section 17, the Secretary of State;

(b)in sections 19 and 20—

(i)in the case of a body mentioned in subsection (4A)(a), the Provost Marshal for the Royal Navy Police,

(ii)in the case of a body mentioned in subsection (4A)(b), the Provost Marshal for the Royal Military Police,

(iii)in the case of a body mentioned in subsection (4A)(c), the Provost Marshal for the Royal Air Force Police.

(4C)In section 19 “service police force” has the same meaning as in the Armed Forces Act 2006.]

F45(5). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F26Words in s. 22(2)(b)(i) substituted (4.11.2001) by 1997 c. 50, s. 134(1), Sch. 9 para. 71(2)(b) (as amended by 2000 c. 32, ss. 79(1), 78, Sch. 6 para. 20(2)(a)(b); S.R. 2001/396, art. 2, Sch.)

F31Words in s. 22(2)(c) substituted (22.8.1996) by 1996 c. 16, ss. 103, 104(1), Sch. 7 Pt. II, para. 47

F36Words in s. 22(4) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 9(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F38Words in s. 22(4)(aa) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)

F42S. 22(4A)-(4C) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 9(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F43Words in s. 22(4A)(b) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(a)(4), 50(1); S.I. 2014/2370, art. 4(a)

F44Words in s. 22(4A)(b) substituted (1.10.2014) by Defence Reform Act 2014 (c. 20), s. 44(3)(b)(4), 50(1); S.I. 2014/2370, art. 4(a)

Marginal Citations