Police, Crime, Sentencing and Courts Act 2022

Valid from 01/04/2023

27 Notification of Secretary of State E+W

(1) If a review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner must notify the Secretary of State before the end of the notification period of one of the following—

(a) that the review partner is under a duty to arrange for there to be a review under section 24 of the person’s death,

(b) that the review partner is not under that duty in respect of the death, or

(c) that the review partner has not been able to take a decision on the matter.

(2) Subsection (1) does not apply if, when the review partner becomes aware of qualifying circumstances in relation to a person’s death, the review partner is also aware that no duty in section 24(1) arises in respect of the death because of section 24(5) or 26.

(3) If a review partner gives a notification under subsection (1)(c), the review partner must notify the Secretary of State of the review partner’s decision on the matter once it has been taken.

(4) Where a review partner—

(a) notifies the Secretary of State that the review partner is under a duty to arrange a review under section 24 of a death, but

(b) before the review starts to take place, decides that the review partner is not under that duty in respect of that death (see section 24(3) and (4)),

the review partner must notify the Secretary of State of that decision.

(5) Where a review under section 24 of a death is discontinued because the review partner considers that a condition mentioned in section 24(1)(a) to (c) is not satisfied in relation to the death (see section 24(3)), the review partner must notify the Secretary of State.

(6) Where a review partner—

(a) notifies the Secretary of State that the review partner is not under a duty to arrange a review under section 24 of a death, but

(b) afterwards decides that the review partner is under that duty in respect of that death,

the review partner must notify the Secretary of State of that decision.

(7) For the purposes of this section, a review partner becomes aware of qualifying circumstances in relation to a person’s death if the review partner becomes aware of such facts as make it likely that—

(a) the conditions mentioned in section 24(1)(a) and (b) are satisfied in relation to the death, and

(b) the review partner is one of the relevant review partners in respect of the death.

(8) In this section “the notification period”, in relation to notification by a review partner, means the period of one month beginning with the day on which the review partner becomes aware of qualifying circumstances in relation to the death in question.

Commencement Information

I1 S. 27 not in force at Royal Assent, see ss. 34, 208(1)