A food fraud unit in England and Wales has been granted the ability to apply for and execute search warrants under certain conditions.
The Food Standard Agency’s (FSA) National Food Crime Unit (NFCU) was given the investigatory powers under The Police and Criminal Evidence Act (PACE).
Officers in the NFCU will be able to enter, search and seize, and interview suspects in custody as part of investigations into offenses. They have not been given powers of arrest.
NFCU had been dependent on partners to perform certain functions in an investigation such as applying for search warrants, seizing evidence, and supervising interviews with suspects under arrest. This resulted in delays to investigations.
Speed up the process
“Our investigators will be able to apply for and execute search warrants, increasing our ability to respond quickly to intelligence and to continue to ensure that swift action is taken to tackle food fraud,” said Andrew Quinn, head of the National Food Crime Unit.
“We’ll still be working closely with partners like Police and local authorities, and our new powers will free up their vital resources so they can be diverted to other priorities while we have more capabilities to protect legitimate businesses and consumers.”
The NFCU was set up following the Elliot Review, after the horse meat crisis of 2013. During the past decade, the unit has worked with organizations such as the police and local authorities to fight food fraud, prosecute and deter offenders.
In 2018, investigatory capabilities were added to intelligence functions. The unit can submit case files to the Crown Prosecution Service. Existing powers focused on businesses compliance with food hygiene and safety related requirements, rather than the investigation of food crimes.
Examples of food crime are adulteration, misrepresentation, substitution, the use of stolen food in the supply chain, illegal processing (such as unlawful slaughter), waste diversion, and document fraud.
Ongoing food crime fight
Public consultations in 2022 and 2023 showed support for the proposals to enable the effective investigation of serious food crime as long as oversight measures were in place on the use of these powers.
“The new powers that have been given to the FSA’s NFCU are of huge importance in the ongoing fight against food crime in the UK. The ability to enter and search premises immediately following the arrest of suspects will make it much more difficult for criminals to dispose of incriminating evidence and cover their tracks. The many bona fide food businesses and UK consumers will be better protected as a result,” said Professor Chris Elliott, Professor of food safety and microbiology at Queen’s University.
Under the Criminal Justice and Public Order Act (CJPOA), food crime officers will also be able to issue special warnings to suspects in questioning under caution and to draw inferences in certain situations.
The Independent Office for Police Conduct (IOPC) will handle complaints regarding food crime officers’ use of PACE investigatory powers and provisions of CJPOA.
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