Power to obtain relevant information
56 Power to obtain relevant information
If the Ombudsman has reasonable grounds to believe that a law enforcement officer of a particular law enforcement agency is able to give information relevant to an inspection under this Division of the agency’s records, subsections (2) and (3) have effect.
The Ombudsman may, by writing given to the law enforcement officer, require the officer to give the information to the Ombudsman:
by writing signed by the officer; and
at a specified place and within a specified period.
The Ombudsman may, by writing given to the law enforcement officer, require the officer to attend:
before a specified inspecting officer; and
at a specified place; and
within a specified period or at a specified time on a specified day;
to answer questions relevant to the inspection.
If the Ombudsman:
has reasonable grounds to believe that a law enforcement officer of a particular law enforcement agency is able to give information relevant to an inspection under this Division of the agency’s records; and
does not know the officer’s identity;
the Ombudsman may, by writing given to the chief officer of the agency, require the chief officer, or a person nominated by the chief officer, to attend:
before a specified inspecting officer; and
at a specified place; and
within a specified period or at a specified time on a specified day;
to answer questions relevant to the inspection.
The place, and the period or the time and day, specified in a requirement under this section, must be reasonable having regard to the circumstances in which the requirement is made.
A person must not refuse:
to attend before a person; or
to give information; or
to answer questions;
when required to do so under this section.
Penalty for an offence against this subsection: Imprisonment for 6 months.
This Act’s bill:Explanatory memorandum
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.