Sep 27th, 2023
3 mins
Throughout July 2023 the Food Standards Agency (FSA) held a consultation seeking views across England and Wales on plans to enhance the investigatory powers of the National Food Crime Unit (NFCU). The summary of stakeholder responses to that consultation has now been published.
As explained in the consultation, the FSA believes enhanced legal powers are necessary for the NFCU to be able to execute its remit and mandate to lead investigations, and to provide case files to the Crown Prosecution Service for prosecution, around serious, organised, and complex food crimes, independently. The powers sought (which include both section 18 of PACE and several other provisions which have previously been consulted on) concern the ability to apply for search warrants, seize evidence and interview suspects.
There was broad support for the granting of section 18 PACE powers from all respondents with many feeling it was a logical, necessary and proportionate next step in further enabling the NFCU to operate more effectively on food fraud matters and with more resilience.
Secondary legislation will now need to be tabled to equip the food crime officers with the additional powers and the NFCU will also need to devise and deliver a clear implementation plan.
You can read the responses and conclusions in more detail here
