Search Legislation

Criminal Justice and Immigration Act 2008

Status:

This is the original version (as it was originally enacted).

This section has no associated Explanatory Notes

13(1)Paragraph 23 (action by Commission in response to investigation report) is amended as follows.

(2)In sub-paragraph (2) (action to be taken on receipt of report)—

(a)for paragraph (b) substitute—

(b)shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;;

(b)in paragraph (c), for “the report does so indicate” substitute “those conditions are so satisfied”;

(c)in paragraph (d), after “appropriate authority” insert “and the persons mentioned in sub-paragraph (5)”.

(3)After sub-paragraph (2) insert—

(2A)The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.

(2B)The second condition is that—

(a)the circumstances are such that, in the opinion of the Commission, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b)any matters dealt with in the report fall within any prescribed category of matters.

(4)In sub-paragraph (5) (persons to be notified) for “Those” substitute “The”.

(5)For sub-paragraphs (6) and (7) substitute—

(6)On receipt of the report, the Commission shall also notify the appropriate authority that it must—

(a)in accordance with regulations under section 50 or 51 of the 1996 Act, determine—

(i)whether any person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer, and

(ii)what action (if any) the authority is required to, or will in its discretion, take in respect of the matters dealt with in the report, and

(b)determine what other action (if any) the authority will in its discretion take in respect of those matters.”

(7)On receipt of a notification under sub-paragraph (6) the appropriate authority shall make those determinations and submit a memorandum to the Commission which—

(a)sets out the determinations the authority has made, and

(b)if the appropriate authority has decided in relation to any person to whose conduct the investigation related that disciplinary proceedings should not be brought against that person, sets out its reasons for so deciding.

(6)In sub-paragraph (8)(a) (action by Commission on receipt of memorandum) for “is proposing to take the action” substitute “has made the determinations under sub-paragraph (6)(a)”.

Back to top

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources