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Change 1
As published
199 Duty of IOPC Director General to give victims right to request review
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—
whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct—
of the person mentioned in sub-paragraph (1)(b), and
to which the report relates, and
to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a).
Your change, as a redline
199 Duty of IOPC Director General to give victims right to request review
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—
whom the Director General treats as a victim in relation to an alleged criminal offence constituted by conduct—
of the person mentioned in sub-paragraph (1)(b), and
to which the report relates, and
to whom the Director General considers it appropriate to give the opportunity mentioned in sub-paragraph (2)(a).
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