PART 2

The Prison Ombudsman For Northern Ireland

Deaths in custody

Investigations into deaths in custody
37
1
The Ombudsman shall carry out an investigation into the death of a person—
a
at any prison while the person is being held there;
b
while that person is in the custody of a prison officer at a place outside a prison; or
c
which the Ombudsman is satisfied should be investigated because it is or may be linked to events which have occurred—
i
at any prison while that person was being held there; or
ii
while that person was in the custody of a prison officer at a place outside a prison.
2
In carrying out the investigation, the Ombudsman must aim—
a
to establish the circumstances surrounding the death;
b
to address any concerns of the family of the deceased;
c
to determine whether any changes in operational arrangements at a prison would prevent or reduce the risk of deaths occurring under the same or similar circumstances; and
d
to discover any facts likely to assist a coroner's inquest into the death.
3
Subject to subsection (2), it is for the Ombudsman to determine the scope of, and the procedure to be applied to, an investigation under this section.
4
The Ombudsman may defer an investigation under this section at any time if it appears to the Ombudsman that—
a
a criminal investigation might be adversely affected by the Ombudsman's investigation;
b
the exercise of functions under the Health and Safety at Work (Northern Ireland) Order 1978 might be adversely affected by the Ombudsman's investigation;
c
it is appropriate to do so because of any proceedings for judicial review; or
d
it is appropriate to do so for any other reason.
5
The Ombudsman may at any time re-open a deferred investigation.
6
At any time in the course of an investigation under this section the Ombudsman shall—
a
draw to the attention of the police any matter which in the Ombudsman's opinion is relevant to any criminal investigation into the death;
b
draw to the attention of any body or person any matter which in the Ombudsman's opinion calls for action to be taken by that body or person.