Police (Northern Ireland) Act 1998

55 Consideration of other matters by the Ombudsman. N.I.

(1) The [F1 Board][F2 , the Department of Justice]F3 ... or the Secretary of State may refer to the Ombudsman any matter which—

(a) appears to [F4 the Board]F3 ... or the Secretary of State to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if, after consultation with the Ombudsman and the Chief Constable, it appears to [F4 the Board]F3 [F5 ...] or the Secretary of State that it is desirable in the public interest that the Ombudsman should investigate the matter.

[F6 (1A) The Secretary of State may refer a matter to the Ombudsman under subsection (1) only if it appears to the Secretary of State that the matter relates (in whole or in part) to an excepted matter or reserved matter (within the meaning given by section 4 of the Northern Ireland Act 1998).]

(2) The Chief Constable shall refer to the Ombudsman any matter which appears to the Chief Constable to indicate that conduct of a member of the police force may have resulted in the death of some other person.

(3) Where any matter is referred to the Ombudsman under subsection (1) or (2), he shall formally investigate the matter in accordance with section 56.

(4) The Chief Constable may refer to the Ombudsman any matter which—

(a) appears to the Chief Constable to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if it appears to the Chief Constable that it is desirable in the public interest that the Ombudsman should investigate the matter.

[F7 (4A) The Director shall refer to the Ombudsman any matter which—

(a) appears to the Director to indicate that a police officer—

(i) may have committed a criminal offence; or

(ii) may, in the course of a criminal investigation, have behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

unless it appears to the Director that the Ombudsman is already aware of the matter.

(4B) In subsection (4A) “ criminal investigation ” has the same meaning as in Part 2 of the Criminal Procedure and Investigations Act 1996 (c. 25). ]

(5) Where any matter is referred to the Ombudsman under subsection (4)[F8 , or (4A)], he shall formally investigate the matter in accordance with section 56 if it appears to him that it is desirable in the public interest that he should do so.

(6) The Ombudsman may of his own motion formally investigate in accordance with section 56 any matter which—

(a) appears to the Ombudsman to indicate that a member of the police force may have—

(i) committed a criminal offence; or

(ii) behaved in a manner which would justify disciplinary proceedings; and

(b) is not the subject of a complaint,

if it appears to the Ombudsman that it is desirable in the public interest that he should do so.

(7) The Ombudsman shall notify—

(a) the [F1 Board][F9 , the Department of Justice]F10 ... or the Secretary of State, in the case of a matter referred under subsection (1);

(b) the Chief Constable, in the case of a matter referred under subsection (2) or (4),

of the outcome of any criminal or disciplinary proceedings brought against a member of the police force in respect of, or in connection with, the matter so referred.

Textual Amendments

F1 Words in s. 55 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.

F2 Words in s. 55(1) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 28(2) (with arts. 28-31)

F3 Words in s. 55(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5 omitted (13.6.2005) by virtue of Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(2), 19(1), Sch. 4; S.R. 2005/282, art. 2

F4 Words in s. 55(1) substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(c); S.R. 2001/396, art. 2, Sch.

F5 Words in s. 55(1) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5

F6 S. 55(1A) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 28(3) (with arts. 28-31)

F7 S. 55(4A)(4B) inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(3), 19(1); S.R. 2005/282, art. 2

F8 Words in s. 55(5) inserted (13.6.2005) by Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(4), 19(1); S.R. 2005/282, art. 2

F9 Words in s. 55(7) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 3 para. 28(2) (with arts. 28-31)

F10 Words in s. 55(7) inserted (13.6.2005) by Justice (Northern Ireland) Act 2002 (c. 26), ss. 34(4), 87(1); S.R. 2005/281, art. 2(1), Sch. 1 para. 5 and omitted (13.6.2005) by virtue of Justice (Northern Ireland) Act 2004 (c. 4), ss. 6(5), 19(1), Sch. 4; S.R. 2005/282, art. 2