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Coroners and Justice Act 2009

Section 75: Qualifying criminal investigations

414.Subsection (1) defines a qualifying criminal investigation as one which is conducted by an investigating authority, wholly or in part with a view to ascertaining whether a person should be charged with a qualifying offence (as defined in section 74), or whether a person charged with a qualifying offence is guilty of it. Investigating authorities are listed in subsection (2). They are:

  • police forces in England and Wales;

  • the British Transport Police Force;

  • the Serious Organised Crime Agency; and

  • the Police Service of Northern Ireland.

415.Subsection (3) gives power to the Secretary of State to amend subsection (2) by order so as to alter the list of investigating authorities. The power is linked to (although not contingent upon) the power to amend section 74. If that power is exercised so as to add a new offence to subsection (2) of that section, the power in section 75, may need to be exercised to add a person not already listed in subsection (2) as an investigating authority, if that person has power to investigate the newly added offence. This order making power is subject to the affirmative resolution procedure (see section 176(4)(a) and (5)(c)).

416.Subsection (4) provides that an order made under subsection (3) may modify any provision of this Chapter.

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