Justice (Northern Ireland) Act 2002

Justice (Northern Ireland) Act 2002

2002 CHAPTER 26

Commentary

Schedule 8: Chief Inspector of Criminal Justice

186. This Schedule deals with operational issues, such as appointment, tenure and staffing. Paragraph 4 requires the Chief Inspector to send a report each financial year to the Secretary of State, who is required to publish it.

187. Paragraph 7 enables the Chief Inspector of Criminal Justice to delegate any of his functions to a member of his staff, to members of the United Kingdom or Northern Ireland civil service who are assisting him or to Her Majesty’s Inspector of Constabulary, Her Majesty’s Chief Inspector of Prisons or Her Majesty’s Chief Inspector of the Crown Prosecution Service.

188. Paragraph 8 deals with the relationship between the Chief Inspector and those appointed under section 41(1) of the Police (Northern Ireland) Act 1998 as inspectors of constabulary for Northern Ireland ( “HMIC”). The effect is that if the Chief Inspector considers that any particular inspection should be carried out in relation to the Police Service of Northern Ireland or the Police Service of Northern Ireland Reserve he must give HMIC the option of carrying out that inspection. If HMIC do not wish to carry out the inspection, the Chief Inspector may do so, but only after consulting the Secretary of State with a view to obtaining his approval for the inspection. If the Secretary of State did not give his approval, it would still be open to the Chief Inspector to go ahead and carry out the inspection.

189. Paragraph 11 allows the Chief Inspector to do anything which a private person could do, apart from borrow money, if he considers it appropriate for facilitating, or incidental or conducive to, the exercise of his functions. In particular, this would allow him to enter into contracts and other arrangements.