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Section 10: Investigations by Commission

Independent Police Complaints Commission Act · PART III: INVESTIGATIONS

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.

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