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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...

Obtaining authorisations for communications data for local councils—checklist

Obtaining authorisations for communications data for local councils—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. This Checklist is in the process of being updated to reflect the changes. This Checklist summarises the requirements on local authorities seeking authorisations to use surveillance powers under Regulation of Investigatory Powers Act 2000 (RIPA 2000) and the Investigatory Powers Act 2016 (IPA 2016). It should be read in conjunction with Practice Note: RIPA 2000 requirements RIPA 2000 requirements are: • prior authorisation of directed surveillance • prohibit the council from carrying out intrusive surveillance • authorisation of the conduct and use of a covert...

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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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Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a separate title number? Is there anything that can be done to rectify the discrepancy?

Has there been a presumed dedication of land as a highway if a street lamp has been erected on a verge which HM Land Registry notes is under a separate title number? Is there anything that can be done to rectify the discrepancy? Highways can be created at common law or by statute. It is not possible to say whether this is a presumed dedication situation, and the buyer would need further enquiries to ascertain that. For further information, see Practice Note: Statutory adoption of highways: Maintenance responsibility. Potential issues Understandably a landowner may prefer there to be no public rights over his or her land. More significant issues potentially arise if the fence mentioned in the question is erected on or blocks part of the highway. Issues could include (but are not limited to) the following: • under section 130 of the Highways Act 1980 (HiA 1980), a highway authority has a duty to assert the right of public to use and enjoy highways and...

Where would I get guidance on dealing with rude and aggressive visitors at school?

Where would I get guidance on dealing with rude and aggressive visitors at school? In recent years, local authorities and schools have found it increasingly important to restrict access to school premises in order to protect pupils and staff at the school. The Department for Education (DfE), in conjunction with the Home Office, has issued guidance and advice on matters relating to school security and, in particular matters concerning the law of trespass and section 547 of the Education Act 1996 (EA 1996). See DfE guidance: Advice on school security: Access to, and barring of individuals from, school premises for further information. The EA 1996 makes provision in relation to nuisance and disturbance on premises including playgrounds, playing fields and other premises for outdoor recreation of any school maintained by a local authority, any special school not so maintained, any independent school, any alternative provision academy that is not an independent school. Any person who without lawful authority is present on such premises and causes or...

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Supreme Court holds that mutuality and control were sufficient for referees’ contracts to be employment but remits it to the FTT to decide (Professional Game Match Officials v HMRC)

Tax analysis: In Professional Game Match Officials Ltd (PGMOL), the Supreme Court dismissed an appeal by PGMOL. It held that although the minimum requirements of mutuality of obligation and control that were necessary for the existence of a contract of employment existed, it remitted the case to the First-tier Tax Tribunal (FTT) to decide, on the basis of its original findings of fact, if the individual match contracts when considered in the round, were contracts of employment.

Upper Tribunal (Immigration and Asylum Chamber) new determinations: 15 November 2023

The Upper Tribunal (Immigration and Asylum Chamber) has published new determinations in Sonkor (Zambrano and non-EUSS leave) [2023] UKUT 00276 and Allaraj (EEA EFMs, admission, IO’s stamps) [2023] UKUT 00277.