Five year legislative review

What is the current position?

At present, the Police Ombudsman shares the final public statement issued under section 62 of the Police (Northern Ireland) Act 1998 with complainants shortly before those statements are formally published.

However, complainants do not receive a draft version of the report prior to it being finalised or published.

What we propose

To give practical effect to the Police Ombudsman’s obligations under Article 2 and/or 3 of the European Convention on Human Rights, we believe the legislation should be amended to formalise a process for victim/complainant participation and informed representations, consistent with the principles of fairness and engagement highlighted in R (on the application of Dunne) v Independent Office for Police Conduct [2023] EWHC 3300 (Admin).

Why is it important?

Prior to publication, reports are subject to an Article 2 and national security risk assessment by PSNI and the Security Service, and the results are carefully considered by the Police Ombudsman. Current practice does not allow complainants to have a draft of the report for comment on factual accuracy or to make representations. 

Where Article 2 and/or 3 of the European Convention on Human Rights is engaged, i.e. where the actions or omissions of a police officer may have caused the death or serious harm to any person, the Police Ombudsman has an obligation to ensure a sufficient level of public scrutiny of its investigations to secure accountability. This will include involving the victim or victim’s family to the extent necessary to safeguard their legitimate interests.

This approach would align with section 16 of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, which provides for the sharing of draft reports with those who requested a review by the ICRIR and victims or family member of any persons affected by the death or serious harm by the conduct of a police officer.