PART 2

The Prison Ombudsman For Northern Ireland

Own-initiative investigations

Own-initiative investigations
41
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.