The National Crime Agency (Complaints and Misconduct) Regulations 2013

Interview of the Director General or an NCA officer during certain investigations

54.—(1) This regulation applies to an investigation of a complaint, recordable conduct matter or DSI matter which—

(a) is carried out by the appropriate authority under the management of the Commission; or

(b) is carried out by the Commission itself.

(2) Paragraph (3) prescribes the procedure to be followed in connection with an interview which—

(a) is held with the Director General or an NCA officer during the course of the investigation by the person investigating the complaint or matter; and

(b) is not within regulation 51.

(3) Where a relevant investigator wishes to interview the Director General or an NCA officer as part of an investigation, the relevant investigator shall—

(a) give written notice to the Director General or NCA officer that the interview will take place in accordance with this regulation; and

(b) if reasonably practicable, agree a date and time for the interview with the Director General or NCA officer.

(4) Where no date and time is agreed under paragraph (3), the relevant investigator shall specify a date and time for the interview.

(5) Where a date and time is specified under paragraph (4) and—

(a) the Director General, the NCA officer or the Director General’s or NCA officer’s accompanying person will not be available at that time; and

(b) the Director General or NCA officer proposes an alternative time which satisfies paragraph (6),

the interview shall be postponed to the time proposed by the Director General or NCA officer.

(6) An alternative time must—

(a) be reasonable; and

(b) fall before the end of the period of 5 working days beginning with the first working day after the day specified by the relevant investigator.

(7) The Director General or NCA officer shall be given written notice of the date, time and place of the interview.

(8) The relevant investigator shall, in advance of the interview, provide the Director General or NCA officer with such information as the relevant investigator considers appropriate in the circumstances of the case to enable the serving officer to prepare for the interview.

(9) The Director General or NCA officer shall attend the interview.

(10) An accompanying person may not answer any questions asked of the Director General or NCA officer during the interview.

(11) Where an accompanying person is an NCA officer, the Director General shall permit the accompanying person to use a reasonable amount of duty time for the purposes of this regulation.

(12) Nothing in this regulation shall apply to an interview of any person—

(a) in relation to an investigation of a complaint, in respect of whom it appears to the investigator that there is a relevant indication; or

(b) in relation to an investigation of a recordable conduct matter, to whose conduct the investigation relates.

(13) Nothing in this regulation prevents or restricts the holding of interviews to which this regulation does not apply during the course of any investigation under these Regulations.

(14) In this regulation—

“accompanying person” means any person nominated by the NCA officer and who is not otherwise involved in the matter;

“relevant indication” means an indication that a person to whose conduct the investigation relates may have—

(a)

committed a criminal offence; or

(b)

behaved in a manner which would justify the bringing of disciplinary proceedings;

“relevant investigator” means a person appointed or designated to investigate under regulations 43 or 44.