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Chapter NMWM15160

Document Cited authorities 3 Cited in Related
Vincent
Published date16 April 2016
Record NumberNMWM15160
CourtHM Revenue & Customs

Relevant legislation
General
NMW Officer
Criminal Investigation
NMW Technical Team

Relevant legislation

The legislation that applies to this page is as follows:

* National Minimum Wage Act 1998, section 31
General

The approach taken to consider enforcement action via a criminal investigation involves the close working of three parties;

  1. The NMW Officer,
  2. Criminal Investigation and
  3. NMW Technical Team

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NMW Officer

The NMW Officer is responsible for identifying those cases where a referral to Criminal Investigation is appropriate. Such cases are usually identified in the few cases where the behaviour of an employer results in an NMW Officer having to cite their investigative powers prescribed in legislation (NMWM12210).

(This content has been withheld because of exemptions in the Freedom of Information Act 2000)

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Criminal Investigation

The HM Revenue & Customs (NMWM02030) Criminal Investigation Directorate will risk score each case referral before agreeing to start a criminal investigation. If a case is selected for investigation an officer from Criminal Investigation will contact the NMW Officer for further background information. The criminal investigator will lead the criminal investigation, keeping the NMW Officer informed as appropriate.

If the case should proceed to a hearing it is likely that the NMW Officer will be required to provide evidence of their role in the investigation. In these circumstances Criminal Investigation will be responsible for leading the prosecution and ensuring that the NMW Officer is suitably supported.

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