Section 199 Duty of IOPC Director General to give victims right to request reviewI1I2

After paragraph 23 of Schedule 3 to the Police Reform Act 2002 insert—

“23A

(1)

This paragraph applies where—

(a)

the Director General proposes to make a determination under paragraph 23(2)(b) that one or both of the conditions set out in paragraph 23(2A) and (2B) are not satisfied in respect of a report, and

(b)

during the course of the investigation to which the report relates, a person (if any) to whose conduct the report relates was informed that the investigation was being treated as concerning conduct in respect of which the person may be prosecuted for a criminal offence.

(2)

The Director General must—

(a)

take such steps as the Director General considers reasonable to give to every relevant victim (or a person acting on such a victim’s behalf) the opportunity to request, within the relevant period, that the Director General reviews their proposed determination, and

(b)

if such a request is made within the relevant period, so review their proposed determination before making a determination under paragraph 23(2)(b).

(3)

In this paragraph—

• “the relevant period” means the period that the Director General considers to give a relevant victim a reasonable opportunity to request that the Director General reviews their proposed determination;

• “relevant victim” means a person—

  1. (a)

     whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct—

     1. (i)

        of the person mentioned in sub-paragraph (1)(b), and

     2. (ii)

        to which the report relates, and

  2. (b)

     to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a).”