Moved by
Lord Caine
87: Clause 23, page 21, line 32, leave out from beginning to end of line 38 and insert—
“(2) If the Commissioner for Investigations considers there is evidence that relevant conduct constitutes an offence under the law of Northern Ireland by an individual whose identity is known to the Commissioner, the Commissioner—
(a) may refer the conduct to the Director of Public Prosecutions for Northern Ireland, and
(b) if the conduct is referred, must notify that prosecutor of the offence concerned.
(2A) If the Commissioner for Investigations considers there is evidence that relevant conduct constitutes an offence under the law of England and Wales by an individual whose identity is known to the Commissioner, the Commissioner—
(a) may refer the conduct to the Director of Public Prosecutions (for England and Wales), and
(b) if the conduct is referred, must notify that prosecutor of the offence concerned.
(2B) If the Commissioner for Investigations considers there is evidence that relevant conduct constitutes an offence under the law of Scotland by an individual whose identity is known to the Commissioner, the Commissioner may—
(a) refer the conduct to the Lord Advocate, and
(b) notify that prosecutor of the offence concerned.
(2C) The Lord Advocate may direct the Commissioner for Investigations to exercise the power of referral and notification in accordance with subsection (2B); and the Commissioner must comply with any direction that is given unless the person concerned has been granted immunity from prosecution under section 18 for the offence concerned.
(2D) In any case where the Commissioner for Investigations refers conduct to a prosecutor under this section, the Commissioner—”
Member’s explanatory statement
This amendment would enable the Lord Advocate to require the Commissioner for Investigations to refer relevant conduct to the Lord Advocate.
88: Clause 23, page 22, line 10, leave out from “or” to end of line 12 and insert “the other harmful conduct, to which the review relates (the “main conduct”), and—
(b) any other conduct that relates to, or is otherwise connected with, the main conduct;
and for this purpose other conduct is to be regarded as connected with the main conduct, in particular, if all of that conduct formed part of the same event.”
Member’s explanatory statement
This expands the kinds of conduct that can be referred to a prosecutor after an ICRIR review relating to a death or other harmful conduct. Other conduct related to or connected with the death or other harmful conduct can also be referred.