SCHEDULES
SCHEDULE 3Handling of Complaints and Conduct matters etc.
Part 1Handling of complaints
5Duties of Commission on references under paragraph 4
1
It shall be the duty of the Commission in the case of every complaint referred to it by a police authority or chief officer, to determine whether or not it is necessary for the complaint to be investigated.
2
Where the Commission determines under this paragraph that it is not necessary for a complaint to be investigated, it may, if it thinks fit, refer the complaint back to the appropriate authority to be dealt with by that authority in accordance with paragraph 6.
3
Where the Commission refers a complaint back under sub-paragraph (2), it shall give a notification of the making of the reference back—
a
to the complainant, and
b
except in a case where it appears to the Commission that to do so might prejudice a possible future investigation of the complaint, to the person complained against.