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Withdrawn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
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Not Pursuable
 
3.13 A complaint is classified as ‘Not Pursuable’:
 
  where the identity of the officer(s) being complained against cannot be ascertained; or where there is insufficient information to proceed with the investigation; or when it has not been possible to obtain the co-operation of the complainant to proceed with the investigation, e.g. when the complainant declines to make a statement.
 
3.14 The definition does not mean that when the complainant cannot identify the complainee, no further action will be taken. CAPO will still make an effort to identify the complainee(s) on the basis of the information available. Only after such an effort has produced no result will a conclusion be reached that the identity of the complainee cannot be ascertained.
 
3.15 If a complaint has been classified as ‘Not Pursuable’ because of the complainant’s refusal to give a statement, he may reactivate it later by giving a statement, after which an investigation will be conducted.
 
  Example
 
 

The complainant (COM), who was arrested for ‘Possession of Dangerous Drugs’ outside a disco, lodged a complaint of ‘Fabrication of Evidence’ against Sergeant A (SGT A) for picking up a packet containing suspected dangerous drugs from the ground near her left foot and claiming that the packet belonged to her. The manager of the disco informed the Police that the CCTV tape outside the entrance of the disco for the material time had been erased. After the trial, the court acquitted COM on the benefit of the doubt.

SGT A denied the allegation. The complaint investigation officer sent two letters to COM in order to seek the latter’s assistance in the investigation but the letters met with no response. Without the assistance of COM, the investigation of the complaint could not be proceeded with. The allegation of ‘Fabrication of Evidence’ was therefore classified as ‘Not Pursuable’.
 
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