CONFIDENTIAL
2
enjoy the trust and confidence of his superior officers. It may then be possible to take action under CR 55
for retirement with full 'pension benefits. The signification of the pleasure of the Crown under CR 55 is not the same thing as dismissal or compulsory retirement and is not classified as a punishment under CR 54(3). Action under CR 55 is not therefore precluded by CR 62 in cases when an officer has been acquitted of a criminal
charge;
1
(iii) in any event, and irrespective of whether action
is taken under (ii) above or not, whenever a corrupt act is proved by a successful prosecution there should invariably be a further investigation by the department concerned with a view to establishing whether officers who had not been charged or whose prosecution had failed had themselves failed to exercise proper responsibility
<<
*
e.g. in the case of superior officers that, even though they were not aware of corruption, they were in a position where they should have known and, in the case of the same or more junior officers, that they failed to report what was happening. Action should start as soon as candidates are selected for prosecution and should proceed under CR 59 as soon as the corrupt act is proved in court;
(iv) officers who admit corruption in giving
evidence for the Crown should be dealt with under CR 57 as already agreed by the FCO. The investigating body can take cognizance of the evidence given in court;
(v) again as already agreed by the FCO, action
should be taken under CR 59 against officers who are acquitted or have convictions
CONFIDENTIAL
/quashed
Page 30Page 31