New Clause 63

Criminal Justice and Immigration Bill – in a Public Bill Committee at 5:30 pm on 29 November 2007.

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Northern Ireland Commissioner for Prison Complaints: eligible complaints: specific requirements applicable to all complaints

‘(1) Subject to subsection (3), a complaint is ineligible by virtue of this section if the Commissioner is satisfied that any of the requirements specified in subsection (2) has not been met.

(2) Those requirements are—

(a) that a period of no more than one year has passed since the complainant first became aware of the matters giving rise to the substance of the complaint;

(b) that the substance of the complaint has been communicated to the responsible authority and it has had a reasonable opportunity to deal with it; and

(c) where the responsible authority has responded to the substance of the complaint following such a communication (whether by rejecting it or by addressing it in some other way) that a period of no more than three months has passed since it did so.

(3) But the Commissioner may—

(a) waive any requirement specified in subsection (2), or

(b) extend any period so specified,

if satisfied that there is good reason why that requirement or period should be waived or extended in relation to the complaint.

(4) In this section “the responsible authority”, in relation to a complaint, means the controlling authority appearing to the Commissioner to have the most direct responsibility for the matters covered by the complaint.

(5) For the purpose of determining whether a part of a complaint is ineligible by virtue of this section, any reference in this section to a complaint may be read as including a reference to a part of a complaint.’.—[Maria Eagle.]

Brought up, read the First and Second time, and added to the Bill.