40AProcedure if prosecution is not brought

40A Procedure if prosecution is not brought

(1) If—

(a) a person considers that an offence against this Act has occurred; and

(b) no prosecution has been brought in respect of that occurrence within 6 months after that occurrence—

the person may request in writing that the Authority bring a prosecution in respect of that occurrence.

S. 40A(2) amended by No. 49/2018 s. 26(1)(a).

(2) If the offence the subject of a request under subsection (1) is a summary offence, within 3 months after the Authority receives a request it must—

(a) investigate the matter; and

S. 40A(2)(b) amended by No. 49/2018 s. 26(1)(b).

(b) following the investigation, advise (in writing) the person whether a prosecution has been, or will be, brought, or give reasons why a prosecution will not be brought, unless the Authority considers that giving such advice or reasons will prejudice the current investigation of an indictable offence.

S. 40A(2A) inserted by No. 49/2018 s. 26(2).

(2A) If the offence the subject of a request under subsection (1) is an indictable offence, the Authority must, within 3 months after receiving the request, report in writing to the person who made the request, advising that—

(a) the Authority's investigation of the matter is complete, and—

(i) that a prosecution will be brought; or

(ii) give reasons why a prosecution will not be brought; or

(b) the Authority's investigation is still ongoing and that a further report will be given within 3 months after the date of the response, and after every subsequent 3-month period, until the investigation is completed.

S. 40A(2B) inserted by No. 49/2018 s. 26(2).

(2B) If subsection (2A)(b) applies, the Authority must, within each 3-month period, also report to the Minister as to the progress of the investigation.

S. 40A(2C) inserted by No. 49/2018 s. 26(2).

(2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable.

S. 40A(3) amended by No. 49/2018 s. 26(3).

(3) If the Authority advises the person that a prosecution will not be brought, or that it has not brought a prosecution within 9 months after receiving the request, the Authority must refer the matter to the Director of Public Prosecutions if the person requests (in writing) that the Authority do so.

(4) The Director of Public Prosecutions must consider the matter and advise (in writing) the Authority whether or not the Director considers that a prosecution should be brought.