231—Procedure if prosecution is not brought
(1) If—
(a) a
person reasonably considers that the occurrence of an act, matter or thing
constitutes a Category 1 offence or a Category 2 offence; and
(b) no
prosecution has been brought in relation to the occurrence of the act, matter
or thing after 6 months but not later than 12 months after that
occurrence,
the person may make a written request to the regulator that a prosecution be
brought.
(2) Within
3 months after the regulator receives a request the regulator must—
(a)
advise the person (in writing)—
(i)
whether the investigation is complete; and
(ii)
if the investigation is complete, whether a prosecution
has been or will be brought or give reasons why a prosecution will not be
brought; and
(b)
advise the person who the applicant believes committed the offence of the
application and of the matters set out in paragraph (a).
(3) If the regulator
advises the person that a prosecution for a Category 1 or Category 2
offence will not be brought, the regulator must—
(a)
advise the person that the person may ask the regulator to refer the matter to
the Director of Public Prosecutions for consideration; and
(b) if
the person makes a written request to the regulator to do so, refer the matter
to the Director of Public Prosecutions within 1 month of the request.
(4) The Director of
Public Prosecutions must consider the matter and advise (in writing) the
regulator within 1 month as to whether the Director considers that a
prosecution should be brought.
(5) The regulator must
ensure a copy of the advice is given to—
(a) the
person who made the request; and
(b) the
person who the applicant believes committed the offence.
(6) If the regulator
declines to follow the advice of the Director of Public Prosecutions to bring
proceedings, the regulator must give written reasons for the decision to any
person to whom a copy of the advice is given under subsection (5).
(7) In this section a
reference to the occurrence of an act, matter or thing includes a reference to
a failure in relation to an act, matter or thing.