Investigations

Key statutes

  • Search and Surveillance Act 2012
  • Criminal Investigations (Bodily Samples) Act 1995
  • Serious Fraud Office Act 1990

Key secondary legislation

  • Search and Surveillance Act Commencement Order 2013
  • Criminal Investigations (Bodily Samples: Approved Agency and Buccal Sample Device) Notice 2003
  • Criminal Investigations (Bodily Samples) Regulations 2004
  • Serious Fraud Office Act (Prescribed Forms) regulations 1990

Information/links to recent or currently underway reviews

Search and Surveillance Act 2012 - a statutory review of the operation of the Act was undertaken by the Law Commission and MOJ in the report was completed in 2017. Further information on the review can be found on the Law Commission(external link) website.

Criminal Investigations (Bodily Samples) Act 1995 - the Law Commission has undertaken a comprehensive review of the Act to determine whether the current legislation is fit for purpose in keeping pace with developments in forensic science, international best practice and public attitudes.  The report was released in November 2020 and concluded that particularly in relation to the use of DNA in criminal investigations, the Act was not fit for purpose and new legislation was required. The report can be found on the Law Commission(external link) website.

Forward work

The Ministry is supporting the Government in its consideration of the Law Commission’s report on the Criminal Investigations (Bodily Samples) Act 1995.