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.
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Does an employer have a duty to report crimes committed by its employees?There is no general obligation placed on individuals or organisations to report crimes in England and Wales. An employer is subject to the same general moral duty which every citizen has to report crime.However, there are
Intimate searchesAuthorising and ordering intimate searchesAn intimate search is the physical examination of any of the suspect’s body orifices other than the mouth. This is a physical intrusion, not simply a visual examination. Only a suspect who is under arrest and in police detention can be
Applications for the return of property seized during criminal investigationsAny informal request or formal application for the return of property seized by an investigating authority during a criminal investigation will depend on the authority under which the property was seized and whether the
Non-intimate samplesThe police have wide powers to take non-intimate samples from a person under the Police and Criminal Evidence Act 1984 (PACE 1984). Non-intimate samples are defined as meaning:•a sample of hair other than pubic hair•a sample taken from a nail or from under a nail•a swab from any
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