Section 6Part 0 —
Formal resolution of complaints
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The Ombudsman may —
subject to subsection (2), request the Commissioner to order the Unit to undertake an investigation into the complaint;
appoint —
an investigatory body comprised of one or more individuals (whether resident in or outside the Islands); and
task that investigatory body to undertake an investigation into the complaint; or
undertake an investigation into the complaint.
A complaint regarding a member of the Commissioner Ranks shall be investigated by the Ombudsman or an investigatory body and not by the Unit.
Where the Ombudsman undertakes an investigation, the Ombudsman shall give notice of the investigation to the Commissioner but where the investigation is in relation to a member of the Commissioner Ranks, the notice shall be given to the Governor.
Where a complaint relates to death or serious harm or is a complaint which may be the subject of criminal proceedings, the Ombudsman shall give notice of an investigation into the complaint, to the Governor and the Director of Public Prosecutions.
The Unit or an investigatory body shall adopt such procedure for dealing with a complaint as may be specified by the Ombudsman.
Subject to subsection (7), the Ombudsman, the Unit or an investigatory body, as the case may be, shall, not later than sixty days after receipt of the complaint furnish, to the complainant and the police officer concerned, an interim report in a form, providing a summary of the investigation to date and shall furnish further interim reports as appropriate.
The Ombudsman, the Unit or an investigatory body may decide not to make a report pursuant to subsection (6) where the Ombudsman, Unit or investigatory body is of the opinion that to do so might adversely affect the investigation of the complaint, or where there are no new matters to report.
In the exercise of undertaking and carrying out an investigation, the Ombudsman may give directions as to particular investigations and it shall be the duty of the Unit or investigatory body to comply with the directions and, on completion of the investigation, to submit a final investigation report to the Ombudsman.
Nothing in this section shall be construed as requiring the Ombudsman, the Unit or an investigatory body to follow any particular procedure or hold any hearing.
The complainant and the police officer concerned shall each be entitled to be represented, by an attorney-at-law or otherwise, in the investigation.