Withdrawn and discontinued complaints

31. If the Panel receives notification from a complainant in writing signed by him, or by his solicitor or other authorised agent on his behalf, to the effect either:-

(a)that he withdraws the complaint, or

(b)that he does not wish any further steps to be taken in consequence of the complaint

then the Panel will forthwith record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case maybe, and subject to the following paragraphs 32 to 40 inclusively, the regulations will cease to apply to the complaint.

32. Where a complainant gives such a notification to the Commission but, so far as is apparent to the Commission, he has not sent that notification to the Panel, then:-

(a) the commission will send a copy of that notification to the Panel;

(b)  that Panel will record the withdrawal or the fact that the complainant does not wish any further steps to be taken, as the case may be; and

(c)  subject to the following paragraphs 33 to 40 inclusively, the provisions of the regulations will cease to apply in respect of that complaint.

33. Where a complainant gives such a notification to the Panel, or where the Panel receives a copy of a notification under the preceding paragraph, and it relates to a complaint which was referred to the Commission and which has not been referred back to the Panel, then the Panel will notify the Commission that it has recorded the withdrawal of the complaint or the fact that the complainant does not wish any further steps to be taken, as the case may be.

34. Where a complainant gives such a notification to a Panel, or where the Panel receives a copy of a notification under paragraph 32, and that notification relates to a complaint which does not fall within the preceding paragraph, then the Panel will determine whether the complaint is one made about conduct which constitutes or involves, or appears to constitute or involve, the commission of a criminal offence and should therefore be treated as a conduct matter.

35.  In a case falling within paragraph 33, the Commission will determine whether it is in the public interest for the complaint to be treated as a conduct matter and the relevant provisions of the regulations will apply to it accordingly.

36. Where a determination is made that a complaint is to be treated as a conduct matter, then it will be recorded by the Panel as a conduct matter and the relevant provisions of the regulations will apply to it accordingly.

37. Where a complainant indicates that he wishes to withdraw the complaint or that he does not wish any further steps to be taken in consequence of the complaint, but he fails to provide a notification to that effect in writing signed by him or on his behalf, then:-

(a) in the case of an indication received by the Panel, the Panel will take the steps set out in the following paragraph;

(b) in the case of an indication received by the Commission, the Commission will refer the matter to the Panel which will then take the steps set out in the following paragraph

38. Those steps referred to in the preceding paragraph are:-

(a) the Panel will write to the complainant to ascertain whether he wishes to withdraw his complaint or does not wish any further steps to be taken in consequence of the complaint;

(b)  if the complainant indicates that he wishes to withdraw his complaint or does not wish any further steps to be taken in consequence of the complaint, or if he fails to reply within 21 days, the Panel will treat the indication as though it had been received in writing signed by the complainant;

(c) if the complainant indicates that he does not wish to withdraw his complaint, or that he does wish further steps to be taken in consequence of the complaint, the Panel will continue to handle the complaint in accordance with the regulations.

39. The Panel will notify the person complained against if:-

(a)  it records the withdrawal of a complaint or the fact that the complainant does not wish any further steps to be taken;

(b)  it determines that a complaint should be treated as a conduct matter;

(c) the Commission determines that a complaint should be treated as a conduct matter;

(d) the provisions of the regulations cease to apply in respect of a complaint.

40.  Nothing in the preceding paragraph will require the Panel to make a notification if it has previously decided under paragraph 65 not to notify the person complained against of the complaint because it is of the opinion that that might prejudice any criminal investigation or pending proceedings or would be contrary to the public interest.