Published Tuesday, 07 January 2014
Mr Kelly says he was wanted to speak to police. (© Sinn Féin)
Mr Kelly was handed an informed warning after he stood in front of the armoured Land Rover in the Carrick Hill area of the city in June.
The MLA said he was trying to speak to police about the arrest of a young man just moments before he was pushed down the street on the front of the PSNI vehicle.
Tensions had been raised after the annual Tour of the North parade passed through the area.
Following an investigation, Mr Kelly accepted an informed warning which will remain on his criminal record for 12 months.
It has since emerged that a complaint about the officer driving the vehicle was made to the Police Ombudsman which passed its file on to the Public Prosecution Service (PPS).
The PPS has confirmed that, as in the Kelly case, the police officer has been offered an informed warning by means of a "diversionary disposal".
A PPS statement said: "That the case for prosecution is met in the case involving Mr Gerard Kelly MLA and a police officer.
"Having regard to all circumstances of the case it was concluded that diversionary disposals were appropriate."
If the officer refuses the warning, he would be liable to face prosecution.
The Police Federation claims the officer has not yet received the warning and they say they will oppose any disciplinary action.
© UTV News