Criminal Appeal Act 1995

19 Power to require appointment of investigating officers. E+W+N.I.

(1) Where the Commission believe that inquiries should be made for assisting them in the exercise of any of their functions in relation to any case they may require the appointment of an investigating officer to carry out the inquiries.

(2) Where any offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed—

(a) on the person who is the appropriate person in relation to the public body, or

(b) where the public body has ceased to exist, on any chief officer of police or on the person who is the appropriate person in relation to any public body which appears to the Commission to have functions which consist of or include functions similar to any of those of the public body which has ceased to exist.

(3) Where no offence to which the case relates was investigated by persons serving in a public body, a requirement under this section may be imposed on any chief officer of police [F1 or Provost Marshal ] .

(4) A requirement under this section imposed on a chief officer of police may be—

(a) a requirement to appoint a person serving in the police force in relation to which he is the chief officer of police, or

(b) a requirement to appoint a person serving [F2 either in another police force selected by the chief officer or in a service police force selected by him. ] .

[F3 (4A) A requirement under this section imposed on a Provost Marshal may be—

(a) a requirement to appoint a person serving in the service police force in relation to which he is Provost Marshal, or

(b) a requirement to appoint a person serving either in a police force selected by the Provost Marshal or in another service police force selected by him.]

(5) A requirement under this section [F4 imposed otherwise than on a chief officer of police or a Provost Marshal may be] —

(a) a requirement to appoint a person serving in the public body [F5 in relation to which the person on whom the requirement is imposed is the appropriate person] , or

(b) a requirement to appoint a person serving in a [F6 police force or service police force, or in a public body (other than such a force) having ] functions which consist of or include the investigation of offences, selected by the appropriate person.

(6) The Commission may direct—

(a) that a person shall not be appointed, or

(b) that a police force [F7 or service police force ] or other public body shall not be selected,

under subsection (4) [F8 , (4A)] or (5) without the approval of the Commission.

(7) Where an appointment is made under this section by the person who is the appropriate person in relation to any public body, that person shall inform the Commission of the appointment; and if the Commission are not satisfied with the person appointed they may direct that—

(a) the person who is the appropriate person in relation to the public body shall, as soon as is reasonably practicable, select another person in his place and notify the Commission of the proposal to appoint the other person, and

(b) the other person shall not be appointed without the approval of the Commission.

Textual Amendments

F1 Words in s. 19(3) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(2); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F2 Words in s. 19(4)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(3); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F3 S. 19(4A) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(4); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F4 Words in s. 19(5) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(5)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F5 Words in s. 19(5)(a) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(5)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F6 Words in s. 19(5)(b) substituted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(5)(c); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F7 Words in s. 19(6) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(6)(a); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F8 Words in s. 19(6) inserted (28.3.2009 for specified purposes, 31.10.2009 in so far as not already in force) by Armed Forces Act 2006 (c. 52), s. 383(2), Sch. 11 para. 8(6)(b); S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4