- Latest available (Revised)
- Original (As enacted)
This version of this provision is prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are currently no known outstanding effects for the Justice Act (Northern Ireland) 2016, Section 37.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Prospective
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.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Northern Ireland Assembly department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes accompany all Acts of the Northern Ireland Assembly.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: