The Accredited Counter Fraud Specialist Handbook

CHAPTER 5 Covert investigation

CHAPTER SUMMARY

This chapter examines the regulatory position when covert investigative techniques are deployed as a means of gathering evidence during a fraud investigation and the protection that is afforded to public authorities from challenges to a breach of a subject’s right to a private and family life when such methods are deployed. It examines the position of the ACFS operating in the commercial sector and the procedures that should be followed to ensure that actions for breaching a subject’s Article 8 rights can be successfully defended. The two types of surveillance are defined, before moving on to discuss the role of the Covert Human Intelligence Source. Finally, the chapter considers how communications can be lawfully monitored and recorded.

INTRODUCTION

The purpose of this chapter is not to describe the practical techniques and methods used to conduct surveillance – that would involve a book in its own right and is best left to your trainers to demonstrate and teach during ACFS training. However, the ACFS does need to understand the law relating to the use of such activity, so that their actions can remain lawful and stand up to legal challenge. In Chapter 3 we examined how the Regulation of Investigatory Powers Act 2000 (RIPA) regulated the use of covert investigative techniques by public authorities. If you recall, it is ...