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Regulation 56 Accelerated procedure in special casesI1

England and Wales

(1)

If, at any time before the completion of the investigation, the person investigating a complaint or recordable conduct matter F1or, in the case of an investigation by a designated person under regulation 44 the IOPC DG, believes that the appropriate authority would, on consideration of the matter, be likely to consider that the special conditions are satisfied, the person F2investigating 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 F3IOPC DG under regulation 38 he shall send a copy of the statement and the report to the IOPC DG.

(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 F4the belief referred to in paragraph (1) 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 IOPC DG.

(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.

Annotations

Textual amendments

F1

Words in reg. 56(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(19)(a)(i) (with reg. 37)

F2

Word in reg. 56(1) inserted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(19)(a)(ii) (with reg. 37)

F3

Words in Regulations substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), reg. 30(2)(a) (with regs. 30(3), 37)

F4

Words in reg. 56(3) substituted (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 30(19)(b) (with reg. 37)

Commencement

I1

Reg. 56 in force at 7.10.2013, see reg. 1(1)