4.20
 A sub-judice complaint is a complaint related to a matter pending prosecution in court.  It will be dealt with by a set of special procedures of which the main principles and features are:
 
 
(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;
 
 
(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;
 
 
(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;
 
 
(d)
 the preliminary enquiry may include, among other things, scene visit(s) and identifying and interviewing independent witnesses;
 
 
(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;
 
 
(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 interest 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;
 
 
(g)
 nevertheless, complaint investigation will proceed as normal if the case falls within the following circumstances –
 
 
(i)

the complaint does not concern matters which will impinge on the Court's prerogative; or
 
(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
 
(iii)

there is indication of police misconduct sufficient to justify interference with the prosecution; or
 
(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
 
(v)

it is in the interest of justice that the complaint be investigated sub-judice; or
 
(vi)

investigation can proceed in-part for the preservation of evidence including the conduct of identification parades;
 
  In case of doubt, advice from the Department of Justice will be sought;
 
 
(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
 
 
(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.
 
4.21
 When an investigation is suspended under the sub-judice procedures, CAPO will furnish a report to the IPCC.  The IPCC will be provided with a final report after the conclusion of the court case and, where necessary, the completion of further investigation.
 
  Example
 
 

The complainant (COM), a secondary school student, was arrested for 'Claiming to be a Member of Triad Society'.  He alleged that when he was taken to the police station, two police officers punched his head and neck in the police vehicle (i.e. 'Assault') with a view to inducing his confession.  COM agreed to have his complaint handled by sub-judice procedures and refrained from giving details of his complaint.  CAPO suspended investigation pending court trial.

COM was subsequently convicted of three counts of 'Inviting a Person to become a Member of Triad Society', one count of 'Claiming to be a Member of Triad Society' and three counts of 'Criminal Intimidation'.  He was sent to a rehabilitation centre.  After trial, COM withdrew his complaint.
 
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