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Offences under the Investigatory Powers Act 2016—checklist

Offences under the Investigatory Powers Act 2016—checklist STOP PRESS: The Investigatory Powers (Amendment) Act 2024 (IP(A)A 2024) received Royal Assent on 25 April 2024. The Act is the first major amendment of the Investigatory Powers Act 2016 since it was enacted and seeks to expand the surveillance powers of the UK’s police, intelligence services and government. The Investigatory Powers (Amendment) Act 2024 (Commencement No 1 and Transitional Provisions) Regulations 2024, SI 2024/1021 brings certain provisions of the IP(A)A 2024 into force on 14 October 2024. In addition, the government has introduced new and amended codes of practice under the Investigatory Powers Act 2016 (IPA 2016) which were brought into force on 6 June 2025 by the Investigatory Powers (Codes of Practice, Review of Notices and Technical Advisory Board) Regulations 2025, SI 2025/656 (see: LNB News 09/06/2025 23). This Checklist is in the process of being updated to reflect the changes. The Investigatory Powers Act 2016 (IPA 2016) overhauled the legal framework governing the use of covert surveillance by public bodies. IPA...

Cash searches—checklist

Cash searches—checklist Code of Practice The search powers covered in this Checklist are subject to the Recovery of cash: search powers, code of practice under section 292. Cash search powers A police, immigration, customs, Serious Fraud Office (SFO) officer or an accredited financial investigator (the relevant officer) may only exercise the power to search where the following criteria are met: Premises • the relevant officer must already have lawful authority to be present on the premises either under another statutory power or by invitation • the relevant officer must have reasonable grounds to suspect that cash is on the premises that is either recoverable property or is intended for use in unlawful conduct, see Practice Note: Cash searches under the Proceeds of Crime Act 2002 • the relevant officer must have reasonable grounds to suspect that the amount of cash is greater than the statutory minimum amount of £1,000 Vehicles • it must appear to the relevant officer that the vehicle is under the control of a person (ie the...

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Interception of communications under RIPA 2000—phone tapping and other criminal offences [Archived]

ARCHIVED: This Practice Note has been archived and is not maintained. On 27 June 2018, the provisions of Regulation of Investigatory Powers Act 2000 (RIPA 2000), relating to the unlawful interception of communications data were repealed and replaced by the provisions in Parts 1 and 2 of the Investigatory Powers Act 2016 (IPA 2016). This includes the repeal of offences of unlawful interception under RIPA 2000, s 1 which was replaced by the offences of unlawful interception and making unauthorised disclosures under IPA 2016, ss 3 and 59. For information on the regime relating to the interception of communications under IPA 2016, see Practice Note: Interception of communications under the Investigatory Powers Act 2016.For information on the background and scope of IPA 2016, see Practice Note: The regulation of intelligence gathering—an introductory guide.Where an interception offence occurred before 27 June 2018, it may still be prosecuted under RIPA 2000 despite the fact that the provision has been repealed. Where an offence is committed on or after 27 June 2018, charges should...

Possession of an offensive weapon in a public place

The offence of possession of an offensive weapon in a public placeIt is an offence under section 1 of the Prevention of Crime Act 1953 (PCA 1953) to carry in public an offensive weapon without lawful authority or reasonable excuse. This can be tried in either the magistrates' court or the Crown Court. The magistrates' court will decline jurisdiction in those cases where it appears that its powers of sentencing are insufficient.Elements of the offenceIn order to be convicted for an offence under PCA 1953, s 1, the prosecution must prove that the accused:•has with them•in a public place•an offensive weapon•without lawful authority or reasonable excuseHas with themThe prosecution must prove that the accused had possession of the item. However, the words 'has with them' mean more than mere possession or control of an item. The courts have held that the words mean 'knowingly has with them'. This means the prosecution must prove that the accused had actual knowledge of possession of the item. For further information on the meaning...

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Financial sanctions policy

Financial sanctions policy 1 Introduction This financial sanctions policy sets out the procedures we have developed to comply with financial sanctions requirements made under the UK sanctions regime that apply to our business[ across every jurisdiction in which we operate]. 2 What are financial sanctions? 2.1 Financial sanctions are non-permanent international restrictions aimed at: 2.1.1 encouraging a change in the behaviour of a particular country or regime; 2.1.2 applying pressure on particular countries or regimes to comply with certain objectives; 2.1.3 preventing and suppressing terrorist financing. 2.2 Financial sanctions are also used as a last resort enforcement tool when international peace and security has been threatened. 2.3 Financial sanctions restrict dealings in money and the provision of financial services—they can include the prohibition of funds transfers to and from certain countries, individuals or entities. 2.4 They are designed to have an adverse impact on persons (individuals or corporate entities) that are designated or (for some sanctions) connected with a prescribed country, in a number of different...

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Can a vehicular right of way be acquired by prescription over a public right of way over unregistered land? Is it necessary to know who the owner of the land is?

Can a vehicular right of way be acquired by prescription over a public right of way over unregistered land? Is it necessary to know who the owner of the land is? There are a number of public rights of way available within England and Wales, all of which may have slightly different rules and restrictions, these include: • public footpaths are open only to walkers • public bridleways are open to walkers, horse-riders and pedal cyclists • restricted byways are open to walkers, horse-riders, and drivers/riders of non-motorised vehicles (such as horse-drawn carriages and pedal cycles) • byways open to all traffic (BOATs) are open to all classes of traffic including motor vehicles, though they may not be maintained to the same standard as ordinary roads It is an offence, pursuant to section 34 of the Road Traffic Act 1988 (RTA 1988) to drive a mechanically propelled vehicle onto or upon any road being a footpath, bridleway or restricted byway, without lawful authority. However, the offence...

What obligations does a landowner have when a vehicle is abandoned on their land and they want to have it removed?

What obligations does a landowner have when a vehicle is abandoned on their land and they want to have it removed? Offence to immobilise motor vehicles It is an offence to immobilise, move or restrict the movement of a motor vehicle in a way which would prevent a person (who is entitled to remove that vehicle) from removing the vehicle concerned. Section 54 of the Protection of Freedoms Act 2012 (PFA 2012) provides that: ‘A person commits an offence who, without lawful authority— (a) immobilises a motor vehicle by the attachment to the vehicle, or a part of it, of an immobilising device, or (b) moves, or restricts the movement of, such a vehicle by any means, intending to prevent or inhibit the removal of the vehicle by a person otherwise entitled to remove it.’ The offence also does not apply where a person is acting with lawful authority when immobilising, moving or restricting the movement of a vehicle. Those who have lawful authority to remove vehicles include...

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Modernising investigatory powers for the internet age

Corporate Crime analysis: Frances Coulson, senior partner and head of insolvency & litigation at Moon Beever, takes a look at the new regime for the retention of and access to communications data under the Investigatory Powers Act 2016 (IPA 2016) and the draft Investigatory Powers (Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018 (the 2018 Regulations).

The lawful interception of communications by businesses

Corporate Crime analysis: The Investigatory Powers Act 2016 and the draft Investigatory Powers (Interception by Businesses etc for Monitoring and Record-keeping Purposes) Regulations 2018 will enable the lawful interception of communications data by businesses and other bodies for the purposes of monitoring and record-keeping. Carolina Bracken, barrister at 5 Paper Buildings Chambers, examines the requirements under legislation authorising businesses to intercept communications data.