The recently implemented Human Rights Act 1998 incorporates a limited version of the European Convention on Human Rights into British law. The convention upholds the right to be treated humanely, to liberty, to freedom of expression and to a fair trial. This means people will be able to seek redress through the British courts rather than take cases to the European Court of Human Rights in Strasbourg. All public authorities must comply with the conventions, and for the purposes of the act, the term applies to any body - whether it is public or private - that carries out a public function. So, for example, the National Society for the Prevention of Cruelty to Children is considered to be a public authority as it has powers to protect children and invoke care proceedings. Voluntary organisations which work with agencies to provide government funded services must comply with the conventions. So too do the increasing number of charities that are contracted to provide services on behalf of local authorities or central government.
With the Regulation of Investigatory Powers Act 2000 the Government has acted to keep pace with communications technology and clarifies the powers of those engaged in surveillance activities. It has been described as providing "modern-day law enforcement tools for modern-day technologies." The Act has four main parts: the interception of communications, intrusive surveillance, human intelligence sources and the compulsory disclosure of encrypted data. It also provides for a more comprehensive scrutiny and review procedure with the appointment of a tribunal and commissioners to oversee its implementation.
The Criminal Procedure and Investigations Act 1996 and its code of practice sets out the rules of disclosure. Much of what is required by the Act and code is similar to what was done previously. However, the Act also applies to summary offences where a 'not guilty' plea is anticipated. The Code of Practice states that "A person other than a police officer who is charged with the duty of conducting an investigation with a view to it being ascertained (i) Whether person should be charged with an offence, or (ii) Whether a person charged with an offence is guilty of it, shall in discharging that duty have regard to any relevant provision of a Code which would apply if the investigation were conducted by police officers."
This course will be of great benefit to employees of all organisations obliged to comply with the conventions, codes of practice and laws arising from these three Acts.