Section 8: Investigations by Division

8. Investigations by Division (1) The Division may conduct an investigation on the basis of a complaint. (2) (a) A complaint shall not be investigated by the Division unless it is made within one year of the day on which the complainant first had notice of the matter alleged in the complaint. (b) The Division 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 written complaint to a police officer against any act, conduct or omission of another police officer in the performance of his duty, the police officer shall forthwith forward the complaint to the Commissioner of Police who— (i) shall, within 2 days of receipt of the complaint, forward to the Secretary of the Division a copy of the complaint; and (ii) shall not investigate further into the complaint. (d) The Division may require the Commissioner of Police to provide it with such further information as it thinks fit 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 Division to the Independent Commission Against Corruption established under the Prevention of Corruption Act and shall be dealt with under that Act. (4) The Division may, in considering whether or not to conduct, continue or discontinue an investigation, have regard to such matters as it thinks fit, 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 (c) the complaint is frivolous, vexatious or not made in good faith.