Criminal Justice and Immigration Act 2008

17 (1) Paragraph 25 (appeals to Commission with respect to an investigation) is amended as follows. E+W

(2) In sub-paragraph (2) (rights of appeal)—

(a) for paragraph (a)(ii) substitute—

“(ii) about any determination of the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report on the investigation;”;

(b) for paragraph (c) substitute—

“(ba) a right of appeal against any determination by the appropriate authority that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;

(c) a right of appeal against any determination by the appropriate authority relating to the taking (or not taking) of action in respect of any matters dealt with in the report; and

(d) a right of appeal against any determination by the appropriate authority under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report;”.

(3) In sub-paragraph (3) (power of Commission to require appropriate authority to submit memorandum on an appeal)—

(a) before paragraph (a) insert—

“(za) sets out whether the appropriate authority has determined that a person to whose conduct the investigation related has a case to answer in respect of misconduct or gross misconduct or has no case to answer;”;

(b) for paragraphs (a) and (b) substitute—

“(a) sets out what action (if any) the authority has determined that it is required to or will, in its discretion, take in respect of the matters dealt with in the report;”;

(c) in paragraph (c), for “any person whose conduct is the subject-matter of the report” substitute “ a person to whose conduct the investigation related ”;

(d) after paragraph (c) insert “and

(d) if the appropriate authority made a determination under paragraph 24(2)(a) as a result of which it is not required to send the Director of Public Prosecutions a copy of the report, sets out the reasons for that determination;”.

(4) In sub-paragraph (5) (determinations to be made by Commission on an appeal)—

(a) after “shall determine” insert “ such of the following as it considers appropriate in the circumstances ”;

(b) for paragraph (c) substitute—

“(c) whether the appropriate authority—

(i) has made such a determination as is mentioned in sub-paragraph (3)(za) that the Commission considers to be appropriate in respect of the matters dealt with in the report, and

(ii) has determined that it is required to or will, in its discretion, take the action (if any) that the Commission considers to be so appropriate; and

(d) whether the conditions set out in paragraph 24(2A) and (2B) are satisfied in respect of the report.”

(5) In sub-paragraph (9) (action to be taken by Commission when it determines appropriate authority is not taking appropriate action) for “is not proposing to take the action in consequence of” substitute “ has not made a determination as to whether there is a case for a person to whose conduct the investigation related to answer that the Commission considers appropriate or has not determined that it is required to or will, in its discretion, take the action in respect of the matters dealt with in ”.

(6) After sub-paragraph (9) insert—

“(9A) If, on an appeal under this paragraph, the Commission determines that the conditions set out paragraph 24(2A) and (2B) are satisfied in respect of the report, it shall direct the appropriate authority—

(a) to notify the Director of Public Prosecutions of the Commission's determination, and

(b) to send the Director a copy of the report.”

Commencement Information

I1 Sch. 23 para. 17 in force at 1.12.2008 by S.I. 2008/2993, art. 2(1)(i)(i) (with art. 3)