OMBUDSMAN ACT 2009 (NO 5 OF 2009) - SECT 84 Request by Ombudsman on how to conduct investigation
OMBUDSMAN ACT 2009 (NO 5 OF 2009) - SECT 84
Request by Ombudsman on how to conduct investigation(1) If the Ombudsman considers it appropriate that the investigation of a police complaint should be conducted in a particular way, the Ombudsman may ask the officer in charge to conduct the investigation in that way.
(2) The officer in charge must:
(a) if the officer agrees to the request – ensure the investigation is conducted in that way; or
(b) otherwise – inform the Ombudsman of the disagreement and the reasons for it.
(3) On being informed of the disagreement, the Ombudsman may, by written notice, request the Commissioner to direct the officer in charge to conduct the investigation in the way stated in the notice.
(4) The Commissioner must:
(a) if the Commissioner agrees to the request – direct the officer in charge to conduct the investigation in the stated way; or
(b) otherwise – give written notice to the Ombudsman of the disagreement and the reasons for it.
(5) Subject to subsection (6), the officer in charge must conduct the investigation in the way stated in the direction under subsection (4)(a).
(6) On receiving a notice under subsection (4)(b), the Ombudsman may decide, under section 66, to deal with the complaint in another way.
(7) In this section:
"officer in charge" means the officer in charge of the Police Standards Command.