Part 3: Investigations, legal proceedings etc. and release of prisoners Criminal investigations and proceedings Section 40: No grant of immunity: restrictions on criminal enforcement action
This section regulates the criminal enforcement action which may be taken against a person in respect of a serious or connected Troubles-related offence, where that person does not hold immunity from prosecution for that offence (granted by the ICRIR under section 19).
	Under subsection (2), criminal enforcement action may be taken against a person if in respect of a serious or connected Troubles-related offence if:
the Commissioner for Investigations has referred conduct by that person to a prosecutor under section 25;
the offence is the offence or one of the offences notified to the prosecutor at the time of the referral, or another offence constituted by the conduct which was referred; and
the criminal enforcement action is taken in connection with the referral.
	Subsection (3) applies to ensure that an ICRIR officer, or other person acting in connection with the ICRIR’s functions, is not prohibited from using any powers they may have to arrest or otherwise detain the person in respect of the offence (in practice, such powers are likely to be used before a referral is made under section 25). Subsection (4) makes similar provision so as to allow an ICRIR officer (or other person acting in connection with the ICRIR’s functions) to exercise any power they may have to charge the person with the offence, and to allow a prosecutor to conduct criminal proceedings arising from that charge. Again, these are steps which, depending on the jurisdiction and the particular circumstances, might sometimes be taken in advance of a referral under section 25.
	Subsections (5) and (6) clarify the relationship between subsections (2) to (4) in cases where, relying on either subsection (3) or (4), criminal enforcement action is taken in respect of a person for an offence, and a related referral under section 25 is then made, engaging subsection (2).
	Subsection (7) clarifies that this section does not itself confer enforcement powers (e.g., powers of arrest), it merely authorises a person to use powers which they already hold. Subsection (8) provides that the restrictions created by the section have effect subject to the savings provision for pre-commencement cases under section 42(4).