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Clause 5 - Duty of Director of

Part of Justice (Northern Ireland) Bill [Lords] – in a Public Bill Committee at 4:15 pm on 25th March 2004.

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Photo of Alistair Carmichael Alistair Carmichael Shadow Spokesperson (Energy and Climate Change), Liberal Democrat Spokesperson (Energy and Climate Change) 4:15 pm, 25th March 2004

If it appears to the director that the police officer has committed, or may have committed, a criminal offence or has done something that will encompass disciplinary proceedings, he is obliged to refer the matter to the ombudsman. The point about having discretion is that circumstances may appear to the DPP to indicate that a police officer has committed an offence or done something that will lead to disciplinary proceedings, but it still may not be something that he thinks appropriate to refer to the ombudsman. Surely in such circumstances, which would probably be rare, the DPP ought to have the power not to refer a matter.