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CRIME AND CORRUPTION ACT 2001 - SECT 28
Matters about which the reference committee must be satisfied before making a referral
28 Matters about which the reference committee must be satisfied before making
a referral
(1) The reference committee may make a specific referral only if it is
satisfied— (a) the police service has carried out an investigation into the
particular incident of major crime that has not been effective; and
(b)
further investigation into the particular incident of major crime is unlikely
to be effective using powers ordinarily available to police officers; and
(c)
it is in the public interest to refer the particular incident of major crime
to the commission for investigation.
(2) The reference committee may make a
general referral only if it is satisfied it is in the public interest to refer
the major crime to the commission for investigation.
(3) Without limiting the
matters to which the reference committee may have regard in deciding whether
it is in the public interest to refer a particular incident of major crime, or
major crime, to the commission for investigation, the reference committee may
have regard to the following— (a) the number of persons that may be
involved;
(b) the degree of planning and organisation likely to be involved;
(c) the seriousness of, or the consequences of, the particular incident of
major crime or the major crime;
(d) the person or persons likely to be
responsible for planning and organising the particular incident of major crime
or the major crime;
(e) the likely involvement of the person or persons in
similar activities;
(f) the financial or other benefits likely to be derived
by any person;
(g) whether investigation by the commission is a justifiable
use of resources.
(4) Also, without limiting the matters to which the
reference committee may have regard in deciding whether it is in the public
interest to refer major crime to the commission for investigation (that is, a
general referral), the reference committee may have regard to the likely
effectiveness of investigation into the major crime using powers ordinarily
available to the police service.
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