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Police (Northern Ireland) Act 1998

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Version Superseded: 13/06/2005

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

(1)The [F1Board] or the Secretary of State may refer to the Ombudsman any matter which—

(a)appears to [F2the Board] 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 [F2the Board] or the Secretary of State that it is desirable in the public interest that the Ombudsman should investigate the matter.

(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.

(5)Where any matter is referred to the Ombudsman under subsection (4), 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 [F1Board] 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

F1Words 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.

F2Words 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.

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