24CXApologies by the respondent

24CX Apologies by the respondent

(1) This section applies if: (a) before the draft report is prepared, the investigating Commissioner is satisfied as mentioned in subsection (2); or (b) after the draft report is prepared and before a decision is made under section 24CY, the decision‑maker is satisfied as mentioned in subsection (2) of this section. (2) For the purposes of paragraphs (1)(a) and (b), the investigating Commissioner or decision‑maker must be satisfied that: (a) it would be appropriate in the circumstances, taking into account the seriousness of the conduct concerned, for the respondent to apologise to a person affected by the conduct concerned; and (b) the conduct concerned would not constitute an offence. (3) The investigating Commissioner or decision‑maker may facilitate, in such manner as they see fit, the making of the apology if: (a) the respondent consents to making the apology; and (b) the person consents to receiving the apology. (4) The making of the apology: (a) is not an admission of fault or liability; and (b) is not admissible in evidence against the respondent in any civil proceedings in respect of the conduct concerned. (5) The decision‑maker may take the apology into account in making a decision under section 24CY.