The Accredited Counter Fraud Specialist Handbook

CHAPTER 3 Governing legislation

CHAPTER SUMMARY

This chapter will explore compliance legislation that governs counter fraud investigation procedures commencing with the Criminal Procedure and Investigations Act 1996, before moving on to the Data Protection Act 1998, Human Rights Act 1998, Regulation of Investigatory Powers Act 2000, and Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000. Police station processes for arrested persons, search and seizure, the application of the Police and Criminal Evidence Act 1984 and associated codes of practice will be explained. Additional legislation that is relevant to the ACFS will also be discussed, including the Public Interest Disclosure Act 1998 and Freedom of Information Act 2000.

INTRODUCTION

There is a legal framework that prescribes mandatory requirements when conducting an investigation. It is imperative that these are adhered to, thus ensuring that the investigation is legal, professional and ethical. Additionally, should the case file be referred to the Crown Prosecution Service, conducting the investigation in strict accordance with these statutory requirements will prevent this being rejected on the grounds of abuse of process, which would result in time and valuable resources being wasted. The matter may be even more embarrassing should the case reach court and this comes ...