Table of Contents IPCC Website *
Fair Just Open
Chapter 3 - Complaint Classifications
Introduction
Substantiated
Substantiated Other Than Reported
Not Fully Substantiated
Unsubstantiated
False
No Fault
Withdrawn
Not Pursuable
Curtailed
Informally Resolved
Sub-judice
Others
Print
*
Substantiated Other Than Reported
 
3.3 The following definition is adopted for ‘Substantiated Other Than Reported’ (‘SOTR’) :
 
  where matters other than the original allegations have been identified (such as breach of internal discipline or failure to observe Police Orders and Regulations) and are found to be substantiated. Such matters must be closely associated with the complaint itself.
 
  Example
 
 

The complainant (COM) made a report to the 999 console about a vehicle obstruction on a road. About 45 minutes later, COM alleged that he received a call from Police Constable X (PC X) who told him that there was no obstruction at the location and argued with him using foul language. Within half an hour following PC X’s call, COM received two more calls of a similar nature. COM suspected that they were made by the same officer. He also received nine more similar nuisance calls on the following morning. COM lodged a complaint of ‘Offensive Language’ against PC X and made a report of ‘Telephone Nuisance’.

COM later withdrew his complaint of ‘Offensive Language’ and the allegation was classified as ‘Withdrawn’. Regarding his report of ‘Telephone Nuisance’, police investigation revealed that Police Constable Y (PC Y), after knowing the altercation between PC X and COM, made the nuisance calls to COM by using a prepaid SIM card. PC Y admitted having made the nuisance calls to COM and it transpired that PC X did not stop PC Y’s act and kept quiet about it. The legal advice sought did not recommend a charge of ‘Telephone Nuisance’ due to the time bar for proceedings. Since the officers’ misconduct constituted a breach of discipline which was closely related to the original complaint of ‘Offensive Language’, a ‘Substantiated Other Than Reported’ count of ‘Misconduct’ was registered against the two officers. Disciplinary proceedings were to be instituted against them.

 
*
 
*
Copyright | Important notices | Privacy policy Last revision date:
*
*