Criminal Justice and Immigration Act 2008

13 (1) Paragraph 23 (action by Commission in response to investigation report) is amended as follows. E+W

(2) In sub-paragraph (2) (action to be taken on receipt of report)—

(a) for paragraph (b) substitute—

“(b) shall determine whether the conditions set out in sub-paragraphs (2A) and (2B) are satisfied in respect of the report;”;

(b) in paragraph (c), for “the report does so indicate” substitute “ those conditions are so satisfied ”;

(c) in paragraph (d), after “appropriate authority” insert “ and the persons mentioned in sub-paragraph (5) ”.

(3) After sub-paragraph (2) insert—

“(2A) The first condition is that the report indicates that a criminal offence may have been committed by a person to whose conduct the investigation related.

(2B) The second condition is that—

(a) the circumstances are such that, in the opinion of the Commission, it is appropriate for the matters dealt with in the report to be considered by the Director of Public Prosecutions, or

(b) any matters dealt with in the report fall within any prescribed category of matters.”

(4) In sub-paragraph (5) (persons to be notified) for “Those” substitute “ The ”.

F1 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1 (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 23 para. 13(5)(6) omitted (31.1.2017 for specified purposes, 1.2.2020 in so far as not already in force) by virtue of Policing and Crime Act 2017 (c. 3), s. 183(1)(5)(e), Sch. 5 para. 50; S.I. 2020/5, reg. 2(n) (with art. 3(1)(2)(4))

Commencement Information

I1 Sch. 23 para. 13 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)