Clause 32
Criminal Justice and Immigration Bill
8:15 pm
Amendments made: No. 292, in clause 32, page 22, line 44, at end insert—
‘The duty under paragraph (b) is subject to the following provisions of this section.’.
No. 293, in clause 32, page 23, line 8, leave out subsections (4) to (6) and insert—
‘(4) The Commissioner shall reject the whole or any part of the complaint if—
(a) when considering the eligibility of the complaint under subsection (2), or
(b) at any time before the complaint has been fully dealt with,
the Commissioner decides that the complaint or part of the complaint is ineligible.
(5) The Commissioner need not decide that the whole or part of the complaint is ineligible so long as the Commissioner considers that it is or might be eligible.
(6) The Commissioner may (for any reason not relating to eligibility) decline to take, defer or stop taking action to deal with the whole or any part of the complaint.
(6A) Where the Commissioner—
(a) rejects part of a complaint, or
(b) declines to take or stops taking action to deal with part of a complaint,
the rest of the complaint shall be dealt with subsequently as if it were the complaint made by the complainant.
(6B) Where—
(a) the whole or any part of a complaint has been rejected, or
(b) a power under subsection (6) has been exercised,
the Commissioner may decide to re-open (and take action or further action under subsection (3) to deal with) the whole or any part of the complaint.
(6C) But a complaint or part of a complaint may not be re-opened unless the Commissioner considers that it is or might be eligible.
(6D) Where part of a complaint is re-opened it may be dealt with subsequently as if it were a separate complaint made by the complainant.’.—[Maria Eagle.]