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| (a) |
The basic facts of a complaint including the time, date, location and nature of the allegation(s) and the identity of complainees should be established as soon as possible; |
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| (b) |
A complainant may choose to either give a statement (which will not be under caution) or give the basic facts of his complaint orally or lodge a complaint but defer the disclosure of detailed information until the court hearing of the case against him has been completed; |
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| (c) |
Where the basic facts of the complaints are disclosed, CAPO will carry out a preliminary enquiry irrespective of whether any written statement has been provided by the complainant; |
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| (d) |
The preliminary enquiry may include, among other things, scene visit(s) and identifying and interviewing independent witnesses; |
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| (e) |
Where the identity of complainee(s) is in dispute or there is prima facie evidence to suggest criminal or disciplinary proceedings are likely to be pursued, identification parades should be conducted as soon as practicable; |
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| (f) |
On completion of preliminary enquiry, if CAPO considers that the complaint is sub-judice and there is no other evidence which makes it necessary to continue with the investigation in the interests of justice and the complainant has indicated unequivocally that he wishes his complaint to be treated as sub-judice, the complaint investigation will be suspended. |
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| (g) |
Nevertheless, complaint investigation will proceed as normal if the case falls within the following circumstances – |
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(i) |
The complaint does not concern matters which will impinge on the Court’s prerogative; or |
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(ii) |
The complaint is serious and there is sufficient evidence or some other good reasons to suggest that it is likely to be substantiated; or |
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(iii) |
There is indication of police misconduct sufficient to justify interference with the prosecution; or |
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(iv) |
Where the complainant unequivocally requests that his complaint be investigated and not be treated as sub-judice and CAPO considers it reasonable and appropriate to carry on the investigation; or |
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(v) |
It is in the interest of justice that the complaint be investigated sub-judice; or |
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(vi) |
Investigation can proceed in-part for the preservation of evidence including the conduct of identification parades; |
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In case of doubt, advice from the Department of Justice will be sought; |
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| (h) |
Albeit investigation is suspended until the completion of the legal proceedings against the complainant, steps will be taken to preserve exhibits and documentary evidence for any future investigation; and |
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| (i) |
Upon completion of the legal proceedings against the complainant, CAPO will conduct a review. If it is considered that the results of the court case or matters arising from the court proceedings have in effect finalized the complaint and that no further investigation is necessary, a final report will be submitted to the IPCC. If it is considered that the complaint should be investigated, the complainant will be contacted for a full statement so that full investigation can be conducted. |
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