131Procedure if prosecution is not brought

131 Procedure if prosecution is not brought (1) If— S. 131(1)(a) amended by No. 48/2017 s. 21. (a) a person considers that the occurrence of an act, matter or thing constitutes an offence against this Act or the regulations; and (b) no prosecution has been brought in respect of the occurrence of the act, matter or thing within 6 months of that occurrence— the person may request in writing that the Authority bring a prosecution. S. 131(2) amended by No. 49/2018 s. 22(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. 131(2)(b) amended by No. 49/2018 s. 22(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. 131(2A) inserted by No. 49/2018 s. 22(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. 131(2B) inserted by No. 49/2018 s. 22(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. 131(2C) inserted by No. 49/2018 s. 22(2). (2C) The Authority must commence and complete investigations under this section in as timely a manner as is reasonably practicable. S. 131(3) amended by No. 49/2018 s. 22(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. (5) The Authority must ensure a copy of the advice is sent to the person who made the request and, if the Authority declines to follow advice from the Director of Public Prosecutions to bring proceedings, the Authority must give the person written reasons for its decision. (6) The Authority must include in its annual report, and publish on its website, a statement setting out— (a) the number of requests received by the Authority under subsection (1); and S. 131(6)(b) amended by No. 49/2018 s. 22(4)(a). (b) the number of cases in which the Authority has advised under subsection (2)(b) or (2A)(a) that a prosecution has been or will be brought, or will not brought; and S. 131(6)(ba) inserted by No. 49/2018 s. 22(4)(b). (ba) how long it took to commence and complete each investigation pursuant to a request under subsection (1); and S. 131(6)(bb) inserted by No. 49/2018 s. 22(4)(b). (bb) the number of times the Authority failed to report in accordance with subsection (2A) to a person making a request under subsection (1) and any reasons for such failure; and (c) the number of cases in which the Director of Public Prosecutions has advised under subsection (4) that a prosecution should be brought or should not be brought. S. 131(7) inserted by No. 49/2018 s. 22(5). (7) The Authority must provide a copy of any statement containing the matters referred to in subsection (6)(bb) to the Minister. S. 132 substituted by No. 48/2017 s. 22.