Part VII

Police complaints and disciplinary proceedings

Guidance concerning discipline, complaints, etc.
65
1
The Department of Justice may issue guidance to the Board and police officers concerning the discharge of their functions—
a
under this Part;
b
under regulations made under section 25 in relation to the matters mentioned in subsection (2)(e) of that section; and
c
under regulations made under section 26 in relation to the matters mentioned in subsection (2)(d) of that section;
and they shall have regard to any such guidance in the discharge of their functions.
2
Guidance may not be issued under subsection (1) in relation to the handling of a particular case.
3
A failure on the part of a person to whom guidance is issued under this section to have regard to such guidance shall be admissible in evidence on any appeal from a decision taken in proceedings under regulations made in accordance with section 25(3) or 26(3).
4
In discharging his functions under section 59 the Ombudsman shall have regard—
a
to any guidance given to him by the Department of Justice with respect to such matters as are for the time being the subject of guidance under subsection (1); and
b
in particular, but without prejudice to the generality of paragraph (a), to any such guidance as to the principles to be applied in cases that involve any question of criminal proceedings.
5
In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Department of Justice with respect to matters the disclosure of which may be prejudicial to the public interest.
6
In discharging his functions under this Part the Ombudsman shall have regard to any guidance given to him by the Secretary of State with respect to matters the disclosure of which may be prejudicial to the public interest on the ground of national security.
7
Any guidance given by the Department of Justice to the Ombudsman under this section has effect subject to any guidance given by the Secretary of State under subsection (6).
Words in s. 65 substituted (4.11.2001) by 2000 c. 32, s. 78(1), Sch. 6 para. 23(5)(a); S.R. 2001/396, art. 2, Sch.
Pt. 7 applied (with modifications) (1.7.2008) by Police Powers for Designated Staff (Complaints and Misconduct) Regulations (Northern Ireland) 2008 (S.R. 2008/242), regs. 1(2), 4-66
S. 65(6)(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. 36(b) (with arts. 28-31)
Words in s. 65(1) substituted (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. 36(a) (with arts. 28-31)
Words in s. 65(4) substituted (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. 36(a) (with arts. 28-31)
Words in s. 65(5) substituted (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. 36(a) (with arts. 28-31)