PART 2The Prison Ombudsman For Northern Ireland

Deaths in custody

37Investigations into deaths in custody

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.