Justice Act (Northern Ireland) 2016

Transitional provision: the Prisoner Ombudsman for Northern Ireland

47.—(1) The person holding office as Prisoner Ombudsman immediately before the appointed day—

(a) becomes the Prison Ombudsman on that day as if appointed to that office under paragraph 1 of Schedule 3; and

(b) holds that office for the remainder of the term for which that person was then appointed as Prisoner Ombudsman.

(2) Paragraph 3(2) of Schedule 3 does not apply to that person; but a person shall not hold the offices of Prison Ombudsman and Prisoner Ombudsman for a period which in total exceeds 7 years.

(3) Subsection (4) applies where immediately before the appointed day the Prisoner Ombudsman is under the terms of reference of that office or other arrangements with the Department—

(a) investigating a complaint (“an existing complaint investigation”);

(b) investigating a death (“an existing death investigation”); or

(c) investigating a matter of the kind mentioned in section 39(2) (“an existing custody-related investigation”).

(4) For the purposes of this Part—

(a) an existing complaint investigation is to be treated as an investigation under section 35;

(b) an existing death investigation is to be treated as an investigation under section 37; and

(c) an existing custody-related investigation is to be treated as an investigation under section 39.

(5) For the purposes of any investigation which is to any extent dealt with under this Part by virtue of subsection (4), things done by or in relation to the Prisoner Ombudsman shall be treated as having been done by or in relation to the Ombudsman.

(6) Except as provided by subsection (4)(b), section 37 does not apply to a death which occurred before the coming into operation of that section.

(7) In applying section 41(1)(b) the Ombudsman may take into account events occurring in the period of 12 months immediately preceding the appointed day (as well as events occurring on or after that day).

(8) In this section “the appointed day” means the day appointed under section 61 for the coming into operation of this section.