Coroners and Justice Act 2009

75 Qualifying criminal investigations E+W+N.I.

(1) For the purposes of this Chapter a criminal investigation is a qualifying criminal investigation if it is conducted by an investigating authority wholly or in part with a view to ascertaining—

(a) whether a person should be charged with a qualifying offence, or

(b) whether a person charged with a qualifying offence is guilty of it.

(2) The following are investigating authorities—

(a) a police force in England and Wales;

(b) the British Transport Police Force;

(c) the [F1 National Crime Agency];

(d) the Police Service of Northern Ireland.

(3) The Secretary of State may by order amend subsection (2) so as to add or omit a body or other person.

(4) The provision which may be included in an order under subsection (3) by virtue of section 176 (power to make consequential provision etc) includes provision modifying any provision of this Chapter.

[F2 (5) The power to make an order under subsection (3) is exercisable by the Department of Justice in Northern Ireland (and not by the Secretary of State) so far as it may be used to make provision which could be made by an Act of the Northern Ireland Assembly without the consent of the Secretary of State (see sections 6 to 8 of the Northern Ireland Act 1998).]

Textual Amendments

F1 Words in s. 75(2)(c) substituted (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 8 para. 186; S.I. 2013/1682, art. 3(v)

F2 S. 75(5) inserted (12.4.2010) by The Northern Ireland Act 1998 (Devolution of Policing and Justice Functions) Order 2010 (S.I. 2010/976), art. 1(2), Sch. 14 para. 95(2) (with arts. 28-31)

Commencement Information

I1 S. 75 in force at 6.4.2010 for E.W. by S.I. 2010/816, art. 3

I2 S. 75(1)(2)(d)(3)-(5) in force at 18.4.2011 for N.I. by S.R. 2011/182, art. 2(a)(ii)

I3 S. 75(2)(c) in force at 2.5.2011 for N.I. by S.I. 2011/1122, art. 2