Section 5Part 0 —
Informal resolution or referral of complaints
←→ Navigate · Click subsection badges to collapse · Press ? for help
If a member of the public makes a complaint (other than one that alleges death or serious harm) at a police station, a senior officer of at least one rank higher than the rank of the police officer against whom the complaint is made, may attempt to informally resolve the complaint.
A complaint may be informally resolved pursuant to subsection (1) —
at the time when the complaint is made; or
at any time during the course of, or after, an investigation has commenced,
and in accordance with such procedures as may be published by the Ombudsman.
A statement made or answer given during an attempt at informal resolution of a complaint under this section is not admissible in any criminal or civil proceedings or, where an informal resolution process is terminated, any proceedings in relation to the complaint, except with the consent of the person who made the statement.
Where a complaint is resolved informally, a record shall be made in a form, of the nature of the complaint and the manner in which the complaint was resolved; and the person making the complaint and the police officer concerned shall each signify in writing agreement to the resolution.
A copy of a record made under subsection (4) shall be forwarded to the Ombudsman, the person making the complaint and the police officer concerned within two working days of the resolution of the complaint.
A reference shall not be made in the personal record of a police officer to a complaint resolved under this section, unless so agreed by the complainant and the police officer concerned.
Notwithstanding subsections (1) to (6), where the Ombudsman is of the opinion that the informal resolution was obtained as a result of any misunderstanding, threat or other improper pressure, the Ombudsman may order that the investigation of the complaint shall continue and give reasons for that in writing to the police officer concerned and the complainant; and in that event, the complaint shall continue and be treated as a complaint to be formally resolved.