Who may raise an objection about an investigation, to whom must it be sent, and which investigations does this reach?
General information · Not legal advice
Material to check
In a practice file we read the paper in which the complaint was first lodged, to confirm the person is a complainant in that case, and the objection itself, to see which investigating agency currently holds the case and which of the three stated grounds is alleged.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the provision at its word: a complainant or other person standing with one may raise an objection with the head of the investigating agency that is currently investigating that case, and only where, after the investigation was opened, substantial investigation such as gathering of evidence has not proceeded for the period the provision sets without good reason, or a judicial police officer has infringed the complainant's rights under this Act or other statutes, or another unlawful or unjust investigative act comparable to those two grounds has occurred.
Another reading looks at who the objection is addressed to: the provision names the head of the agency investigating that case, so the recipient turns on which agency holds the investigation when the objection is made, and the provision states no further exclusion, leaving it unsettled whether an objection may still be raised once an investigation has been concluded or handed on.
Your judgment
If the investigation has been handed to another agency or closed, how should the file show whose head receives the objection under this provision?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to define who counts as a complainant, to change the grounds, or to say what happens once an investigation is concluded or transferred, or if a decision settles that point.