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Powers of Prosecution

I was asked to solve an argument the other day between two friends. One said that only the Police had the power to investigate crimes and to bring prosecutions, while the other said that there were a number of different organisations with this power under the law.

As I told my friend, the Police do have wide ranging powers, especially under such legislation as the Anti -Terrorism Act, however they are far from the only organisation that has the legal right to conduct investigations and instigate prosecutions against people or companies that they believe to have broken the law. In fact almost every Department of Government has some form of policing responsibility over the various Acts of Parliament that come under their jurisdiction. In fact some have very wide ranging powers such as HM Revenue & Customs (known formerly as The Inland Revenue and HM Customs & Excise).

The following is a list of some of those that have the power to investigate and prosecute:

  • HM Revenue & Customs

  • Dept of Trade, Productivity and Industry

  • The Department of Work and Pensions

  • The Post Office (normally they only investigate their own employees rather than members of the public)

  • The Serious Fraud Office

  • NHS Counter Fraud Section

  • The Military Police (in armed services investigations)

  • British Transport Police

  • Dept of Defence Police

  • The Bank of England (only investigate and prosecute bankers)

  • The Office of Fair Trading

  • All Local Councils (These are probably one of the biggest non-police prosecutors because of the physical number and variety of people they prosecute - bootleggers, taxis without private hire licences, fly posters, ASBO's, sex shops without licences, builders who breach the Asbestos Act, car dealers who alter the clock on their cars or sell in unroadworthy condition etc., etc., etc., the list goes on and on.)

  • The RSPCA

  • The Medicines and Healthcare Products Regulatory Agency

  • The Health and Safety Executive ( primarily to investigate companies)

  • The Prescription Pricing Authority

One of the oldest policing bodies in the land was Customs & Excise (now merged with the Inland Revenue to form HM Revenue & Customs). This Government department is responsible for collecting billions of pounds in revenue each year in VAT, other taxes and customs duties. They also have a vital front-line role in protecting our society from illegal imports of drugs, alcohol and tobacco smuggling and tax fraud.

The origin of a nation-wide customs system in England can be traced back to the Winchester Assize of 1203-4 when it was directed that the 'customary dues at the ports', should be accounted directly to the State Exchequer, and payable to King John (1199-1216). Legislation concerning customs can be traced to King Edward the First (1272-1307), and in 1298 'custodes custumae' were appointed in certain ports to take direct charge of the collection of customs for the crown (The King’s Men).

In 1643 a Board of Excise was established by the Long Parliament to organize the collection of duties in London and the provinces. At first they covered a wide range of commodities, but when the duties were extended beyond the districts which parliament controlled to cover the whole country, they were confined to alcoholic liquor. Excise duty was set in law in 1660 despite widespread protests. A permanent Board of Excise for England and Wales was established in 1683, with separate Boards for Ireland in 1682, and Scotland in 1707. Eventually excise duties spread to other commodities such as salt, paper, soap, candles and home produced spirits. There was even a tax on servants. The Male Servant Duty was an Assessed Tax that became Excise Duty in 1869, and Hackney Carriage Duty became a Stamp Duty in 1831 and an Excise Duty in 1847.

During the late 18th and early 19th centuries increased duties in wines and spirits resulted in widespread smuggling which itself contributed to more effective policing by both Customs and Excise.

In 1908 the Finance Act provided for the transfer of the management of duties of excise and of the powers and duties of the Commissioners of Inland Revenue, to the Commissioners of Customs. The Commissioners of Customs were thenceforth called The Commissioners of Customs and Excise. The Customs and Excise Services were amalgamated as an order in Council from 1 April 1909, and were administered by the Board of Customs and Excise and became known as Her Majesty's Customs and Excise with their commissioners all directly responsible to the Chancellor of the Exchequer.

Modern day Customs Officers as members of Her Majesty's Revenue and Customs have increased powers to investigate, search and seize. Indeed in certain circumstances they have greater powers to seach without warrant than the police and as of the 1st of December 2007, by courtesy of a Statutory Instrument, powers under The Police and Criminal Evidence Act 1984 have also been transferred to them.

Neil Ross – Associate Partner

Glaisyers solicitors

T: 0121 233 2971

E: neilross@glaisyers.co.uk