Section 10: Investigations by Commission
consolidated text (as amended). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
10. Investigations by Commission
(1) The Commission may conduct an investigation on the basis of a
complaint.
(2) (a) Subject to paragraph (b), the Commission shall not investigate into
a complaint unless it is made within one year from the day on which the
complainant first had notice of the matter alleged in the complaint.
(b) The Commission may conduct an investigation into a complaint
made after the period specified in paragraph (a) if it considers that there are
special circumstances which make it proper to do so.
(c) Where any person makes a complaint in writing to a police
officer against any act, conduct or omission of another police officer in the
discharge of his functions, the police officer shall forthwith forward the
complaint to the Commissioner of Police who—
(i) shall, within 2 days from receipt of the complaint, forward
to the Secretary of the Commission a copy of the
complaint; and
(ii) shall not investigate further into the complaint.
(d) The Commission may require the Commissioner of Police to
provide it with such further information as it may determine in relation to any
matter referred to in paragraph (c).
(3) Where a complaint consists of an allegation of an act of corruption or
a money laundering offence against a police officer, it shall be referred by
the Commission to the Independent Commission Against Corruption
established under the Prevention of Corruption Act and shall be dealt with
under that Act.
(4) The Commission may, in considering whether or not to conduct,
continue or discontinue an investigation, have regard to such matters as it
considers appropriate, including whether or not in its view—
(a) the complaint may not, in the first place, be resolved through
conciliation;
(b) the subject matter of the investigation is trivial; or
I6A – 5 [Issue 9]
Independent Police Complaints Commission Act
(c) the complaint is frivolous, vexatious or not made in good faith.
Ask juris about this section Official source
Questions this section answers
- How long do I have to lodge a complaint with the Commission after I first learned about the incident?
- If I complain to a police officer about another officer's conduct, how quickly must it reach the Commission's Secretary?
- If my complaint involves alleged corruption by a police officer, does the Commission handle it or does another body?