Moved by
Lord Caine
94: Clause 36, page 28, line 35, leave out “only”
Member’s explanatory statement
This is consequential on the other amendment of Clause 36 in Lord Caine’s name.
95: Clause 36, page 28, line 37, leave out “23(2)” and insert “23”
Member’s explanatory statement
This amendment is consequential on the amendments to Clause 23 in Lord Caine’s name.
96: Clause 36, page 29, line 2, leave out “23(3)(a),” and insert “23,”
Member’s explanatory statement
This amendment is consequential on the amendments to Clause 23 in Lord Caine’s name.
97: Clause 36, page 29, line 6, at end insert—
“(2A) An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may arrest or otherwise detain P in connection with the offence by P.
(2B) An ICRIR officer, or another person acting in connection with the exercise of the ICRIR’s functions, may charge P with the offence by P; and a prosecutor may conduct criminal proceedings arising from any such charge.
(2C) If subsection (2) becomes applicable to the offence by P, criminal enforcement action against P in respect of the offence may no longer be taken in accordance with subsection (2A) or (2B).
(2D) But that does not limit the criminal enforcement action that may be taken in accordance with subsection (2) after it becomes applicable (and, in particular, action previously taken in accordance with subsection (2A) or (2B) may be continued in accordance with subsection (2)).
(2E) Subsections (2), (2A) and (2B) only authorise a person to take criminal enforcement action by the exercise of powers which that person has otherwise than by virtue of this section.”
Member’s explanatory statement
This expands the criminal enforcement action that can be taken where immunity has not been granted and where a referral to a prosecutor has not been made. It allows P to be arrested, and preserves the possibility of the ICRIR charging P with an offence.