Regulatory Considerations.

A professional investigator in the private sector, must ensure that they are compliant of with all UK legislation in undertaking their investigations.

Legal Compliance – Directory of Legislation

The Consumer Credit Act 1974, as amended

http://www.legislation.gov.uk/ukpga/1974/39/contents

Summary: The provisions most relevant to investigators are those on debt adjusting, counselling, collecting and acting as a credit reference agency. The Office of Fair Trading (OFT) Debt Collection Guidance sets out the types of behaviour that constitutes unfair business practices and which would call into question fitness to retain or be given a consumer credit licence under the Consumer Credit Act [8].

 

The Police and Criminal Evidence Act 1984

http://www.legislation.gov.uk/ukpga/1984/60/contents

Summary: Contains important provisions for the admissibility of evidence.

 

Criminal Procedure Rules 2012

http://www.legislation.gov.uk/uksi/2012/1726/contents/made

Summary: Contains important provisions for the admissibility of evidence.

 

Criminal Procedure (Amendment) Rules 2012

http://www.legislation.gov.uk/uksi/2012/3089/contents/made

Summary: Contains important provisions for the admissibility of evidence.

 

Civil Procedure (Amendment) Rules 2012

http://www.legislation.gov.uk/uksi/2012/505/contents/made

Summary: Contains important provisions for the admissibility of evidence.

 

Civil Procedure (Amendment No.2) Rules 2012

http://www.legislation.gov.uk/uksi/2012/2208/contents/made

Summary: Contains important provisions for the admissibility of evidence.

 

The Criminal Procedure (Scotland) Act 1995, as amended

http://www.legislation.gov.uk/ukpga/1995/46/contents

Summary: Contains important provisions for the admissibility of evidence.

 

The Computer Misuse Act 1990

http://www.legislation.gov.uk/ukpga/1990/18/contents

Summary: This Act created the criminal offences of unauthorized access to computer systems and using a computer to commit a criminal offence.

 

The Criminal Justice and Public Order Act 1994

http://www.legislation.gov.uk/ukpga/1994/33/contents

Summary: This Act created the offence of “knowingly or recklessly” obtaining data held on a computer from another or encouraging someone to do so. It also made computer-related “pretext” enquiries illegal.

 

The Protection from Harassment Act 1997

http://www.legislation.gov.uk/ukpga/1997/40/contents

Summary: This Act is intended to protect individuals from stalkers.

 

The Crime and Disorder Act 1998

http://www.legislation.gov.uk/ukpga/1998/37/contents

Summary: This Act encourages police, local authorities and other agencies to reduce crime and disorder in their communities.

 

The Public Interest (Disclosure) Act 1998

http://www.legislation.gov.uk/ukpga/1998/23/contents

Summary: This Act is intended to encourage “whistle-blowers” to advise if a (mainly environmental) offence is being or about to be committed by businesses, by allowing them immunity and, in the event of being dismissed by their employer, a right to compensation.

 

The Data Protection Act 1998

http://www.legislation.gov.uk/ukpga/1998/29/contents

Summary: The Data Protection Act [3] gives individuals the right to know what data are held on them and the manner in which these are processed.

 

The General Data Protection Regulation – Applies from 25th May 2018

https://ico.org.uk/for-organisations/guide-to-data-protection/

https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr/

This act gives individuals the right to know what data are held on them and the manner in which these are processed. GDPR  will place more emphasis on ensuring data is protected than previous legislation. There is a requirement to protect confidentiality, integrity and availability of personal data through the use of encryption and pseudonymisation, with data only to be accessed or processed for the purpose for which it has been collected.

 

The Regulation of Investigatory Powers Act 2000

http://www.legislation.gov.uk/ukpga/2000/23/contents

Summary: The Act regulates those employed by, or contracted to, public authorities on the conduct of investigations, e.g. benefits fraud or neighbourhood disputes and anti-social behaviour.

 

The Regulation of Investigatory Powers (Scotland) Act 2000

http://www.legislation.gov.uk/asp/2000/11/contents

Summary: The Act regulates those employed by, or contracted to, public authorities on the conduct of investigations, e.g. benefits fraud or neighbourhood disputes and anti-social behaviour.

 

The Human Rights Act 1998

http://www.legislation.gov.uk/ukpga/1998/42/contents

Summary: The HRA 1998 applies to “public authorities” and requires the UK Government to pass legislation to ensure compliance with the Articles of the European Convention on Human Rights [20]. The Articles most relevant to investigators are Article 6, Right to a Fair Trial, and Article 8, Right to Respect for Private Life and Family.

 

The Freedom of Information Act 2000

http://www.legislation.gov.uk/ukpga/2000/36/contents

Summary: This Act requires any “public authority” (and those providing services for it) to inform a person, on making an appropriate request, whether the authority holds information on them.

 

The Freedom of Information (Scotland) Act 2002

http://www.legislation.gov.uk/asp/2002/13/contents

Summary: This Act requires any “public authority” (and those providing services for it) to inform a person, on making an appropriate request, whether the authority holds information on them.

 

The Private Security Industry Act 2001

http://www.legislation.gov.uk/ukpga/2001/12/contents

Summary: This Act sets out the functions and purpose of the Security Industry Authority and includes the approval of businesses and licensing of individuals operating in designated areas of the private security industry.

 

The Protection of Freedoms Act 2012

http://www.legislation.gov.uk/ukpga/2012/9/contents

Summary: This Act provides for the destruction, retention, use and other regulation of certain evidential material; provides for a code of practice about surveillance camera systems; and provides for the appointment and role of the Surveillance Camera Commissioner, to provide for judicial approval in relation to certain authorizations and notices under the Regulation of Investigatory Powers Act 2000

 

The Money Laundering Regulations 2007

http://www.legislation.gov.uk/uksi/2007/2157/contents/made

Summary: These Regulations require solicitors and high-value dealers to comply with stringent “know-your-customer” procedures relating to large-scale financial transfers.

 

The Criminal Procedure and Investigations Act 1996

http://www.legislation.gov.uk/ukpga/1996/25/contents

Summary: This Act contains provisions on the identification of roles within an investigation and the disclosure of evidence.

 

The Criminal Procedure (Scotland) Act 1995

http://www.legislation.gov.uk/ukpga/1995/46/contents

Summary: This Act contains provisions on the identification of roles within an investigation and the disclosure of evidence.

 

The Bribery Act 2010

http://www.legislation.gov.uk/ukpga/2010/23/contents

Summary: The Bribery Act consolidated common law and legislation relating to bribery and created two general offences of bribing and being bribed. In addition, the Act introduced a new offence of bribing foreign public officials. The Act also makes it an offence to fail to prevent bribery.

 

The Fraud Act 2006

http://www.legislation.gov.uk/ukpga/2006/35/contents

Summary: This Act sets out various offences in England and Wales, and defines three categories of fraud: fraud by false representation, fraud by failing to disclose information and fraud by abuse of position.

 

The Theft Act 1968

http://www.legislation.gov.uk/ukpga/1968/60/contents

Summary: This Act created a number of offences against property in England and Wales, though some of the offences of deception were redefined by the Fraud Act 2006.

 

The Consumer Insurance (Disclosure and Representations) Act 2012

http://www.legislation.gov.uk/ukpga/2012/6/contents

Summary: This Act indicates what information is to be given by people when applying for insurance “wholly or mainly for purposes unrelated to their trade, business or profession” and the remedies available to insurers if the information is incorrect.

 

The Civil Procedure Rules, Part 31: Disclosure and inspection of documents

http://www.legislation.gov.uk/uksi/1998/3132/part/31/made

 

Police and Criminal Evidence Act 1984

http://www.legislation.gov.uk/ukpga/1984/60/contents

 

Criminal Justice Act 2003

http://www.legislation.gov.uk/ukpga/2003/44/contents

 

Serious Organised Crime and Police Act 2005

http://www.legislation.gov.uk/ukpga/2005/15/contents

 

Sexual Offences Act

http://www.legislation.gov.uk/ukpga/2003/42/contents

See: Sections 67 and 68 with regard to voyeurism

 

Solicitors Regulation Authority Code of Conduct 2011

http://www.sra.org.uk/solicitors/handbook/code/content.page

See: Chapter 3, for definition of Conflicts of Interest

 

 

Other Useful Resources

 

Security Industry Authority

http://www.sia.homeoffice.gov.uk

 

Website of the CCTV User Group

http://www.cctvusergroup.com

 

Official Publication of the CCTV User Group

http://www.cctvimage.com/

 

Information Commissioners Office

http://www.ico.gov.uk

 

Association of Chief Police Officers

http://www.acpo.police.co.uk

 

The Home Office

http://www.homeoffice.gov.uk

 

Health and Safety Executive

http://www.hse.gov.uk

 

Health and Safety Executive for Northern Ireland

http://www.hseni.gov.uk

 

Department of Constitutional Affairs

http://www.justice.gov.uk/hract/hramenu.htm

 

Liberty – Guide to Human Rights

http://www.yourrights.org.uk/yourrights/privacy/index.html