5. Conduct of investigations
1. All investigations will be carried out under the following legislation. They will be in accordance with any associated guidance or codes of practice, in so far as they relate to the Council:
o the Police and Criminal Evidence Act 1984
o the Criminal Procedure and Investigations Act 1996
o the Regulation of Investigatory Powers Act 2000
o the Criminal Justice and Police Act 2001
o Criminal Justice Act 2003
o the Human Rights Act 1998
2. These Acts and associated guidance control how evidence is collected. It is used to give a range of protections to citizens and potential defendants. Our authorised officers will also comply with the requirements of the particular legislation under which they are acting, and with any associated guidance or codes of practice.
3. The powers used by authorised officers are determined and restricted to those set out in the appropriate statute and/or Council’s Delegation of Powers scheme. This is available in electronic or paper format upon request.
4. Where any officer conducting regulatory or enforcement functions is obstructed in the course of their investigations, and legislation allows, formal action will be considered for obstruction offences.
5. Where legislation allows the seizure of equipment, articles, or items, the Council will adhere to legislation, guidance and specific policies in relation to those seizures.
6. Where necessary, the Council and its officers may request South Yorkshire Police exercise their powers of arrest in order to progress an investigation and/or apprehend an offender.
7. Where it is believed that an offence has been committed, the Council will endeavour to interview where appropriate alleged perpetrators in accordance with the Police and Criminal Evidence Act 1984 and related guidance.
8. Legislation utilised by regulatory and enforcement officers, is often subject to statutory time limits for investigations from the point of discovery or commission of the offence. In all circumstances the Council will abide by these limitations when conducting investigations and when considering any subsequent enforcement actions.
9. Levels of authorisation are detailed within the Council’s Scheme of Delegation, which is available upon request. Within the Scheme of Delegation there is provision for levels of authorisations for certain enforcement actions such as prohibitions, seizures and works in default, which will require case review prior to authorisation.
10. Before information is laid at Court or at function level boards such as Licensing Board, the case file, casework and all relevant evidence are subject to case review through the line management arrangements prior to authorisation at section head level. These arrangements are laid out in function specific procedures.
11. Alleged offenders and witnesses will be informed of the progress of investigations
