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The National Crime Agency (Complaints and Misconduct) Regulations 2013
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- UK Statutory Instruments
- 2013 No. 2325
- PART 6
- Regulation 56
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Accelerated procedure in special cases
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56.—(1) If, at any time before the completion of the investigation, the person investigating a complaint or recordable conduct matter believes that the appropriate authority would, on consideration of the matter, be likely to consider that the special conditions are satisfied, the person shall proceed in accordance with the following provisions of this paragraph.
(2) If the person was appointed under regulation 41, the person shall submit to the appropriate authority—
(a)a statement of that person’s belief and the grounds for it; and
(b)a written report on the investigation to that point,
and if the person was appointed following a determination made by the Commission under regulation 38 he shall send a copy of the statement and the report to the Commission.
(3) If the person was appointed under regulation 42 or 43 or designated under regulation 44, the person shall submit to the appropriate authority—
(a)a statement of that person’s belief and the grounds for it; and
(b)a written report on the investigation to that point,
and shall send a copy of the statement and the report to the Commission.
(4) A person submitting a report under this regulation shall not be prevented by any obligation of secrecy imposed by any rule of law or otherwise from including all such matters in the report as that person thinks fit.
(5) A statement and report may be submitted under this regulation whether or not a previous statement and report have been submitted, but a second or subsequent statement and report may be submitted only if the person submitting them has grounds to believe that the appropriate authority will reach a different determination under regulation 57(2) or 60(2).
(6) After submitting a report under this regulation, the person investigating the complaint or recordable conduct matter shall continue his investigation to such extent as that person considers appropriate.
(7) The special conditions are that—
(a)there is sufficient evidence, in the form of written statements or other documents, to establish on the balance of probabilities that conduct to which the investigation relates constitutes gross misconduct; and
(b)it is in the public interest for the person whose conduct it is to cease to be an NCA officer without delay.
(8) In regulations 57 to 62 “special report” means a report submitted under this regulation.
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