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Investigations Policy

Registered name: Animal Welfare Investigations Project Limited
Registered office: 71–75 Shelton Street, London, WC2H 9JQ
Company number: 13760374

1. Introduction

This Investigations Policy sets out the principles, standards, and framework applied by Animal Welfare Investigations Project Limited (“AWIP”) when conducting investigations into suspected animal welfare offences.

The policy is intended to ensure that investigations are conducted lawfully, ethically, fairly, and proportionately, and that evidence gathered is capable of withstanding scrutiny in criminal proceedings.

This policy should be read alongside AWIP’s Prosecution Policy.

2. Purpose and Objectives

The objectives of AWIP’s investigative function are to:

  • Prevent and suppress cruelty to animals and alleviate animal suffering.
  • Identify, gather, preserve, and assess evidence relating to suspected animal welfare offences.
  • Support the lawful enforcement of animal welfare legislation through private prosecutions or referral to statutory authorities.
  • Promote public confidence in animal welfare investigations through professionalism, independence, and accountability.
  • Ensure that investigative activity is compatible with the rights of suspects, witnesses, and third parties.

AWIP recognises that investigations are a means to an end and not an end in themselves. Not all investigations will result in prosecution.

3. Nature and Scope of Investigations

AWIP investigates alleged offences relating to animal welfare and associated criminal conduct. Investigations may arise from:

  • Complaints or reports from members of the public
  • Intelligence from partner organisations
  • Whistleblowers or confidential sources
  • Proactive investigative activity conducted within lawful boundaries

4. Statutory Powers and Legal Status

AWIP does not have statutory enforcement powers.

Investigators acting on behalf of AWIP will not represent themselves as police officers or as having powers of arrest, entry, search, seizure, detention, stop and search, or compulsion.

All investigative activity is carried out by private individuals acting lawfully under common law and applicable statutory frameworks.

5. Police Involvement and Arrest Powers

Where suspects decline to cooperate with a lawful investigation, and where it is considered necessary and proportionate to do so, AWIP may invite police constables to attend and consider the exercise of their statutory powers. This may include effecting arrest, entry, search, seizure, detention, and/or stop and search.

In particular, AWIP may request police attendance to consider arrest under section 24 of the Police and Criminal Evidence Act 1984, including section 24(5)(e), where a constable has reasonable grounds for believing that arrest is necessary to allow the prompt and effective investigation of an offence.

Any decision to arrest rests solely with the attending police constable, acting independently and in accordance with their statutory duties and professional judgment. AWIP investigators will not seek to direct, influence, or control the exercise of police powers.

6. Legal and Regulatory Framework

Investigations may relate to suspected offences under, including but not limited to:

  • Animal Welfare Act 2006
  • Welfare of Farmed Animals (England) Regulations 2007
  • Welfare of Animals at the Time of Killing (England) Regulations 2015
  • Wildlife and Countryside Act 1981
  • Protection of Badgers Act 1992
  • Deer Act 1991
  • Hunting Act 2004

Investigations are conducted with regard to:

  • Police and Criminal Evidence Act 1984 (PACE)
  • Human Rights Act 1998
  • Regulation of Investigatory Powers Act 2000 (where applicable)
  • CPS Code for Crown Prosecutors
  • Code for Private Prosecutors

7. Core Investigation Principles

AWIP investigations are governed by the following principles:

  • Lawfulness
  • Fairness
  • Objectivity
  • Proportionality
  • Necessity
  • Integrity
  • Accountability

Investigators must pursue all reasonable lines of enquiry, whether they point towards or away from criminal liability.

Personal views relating to protected characteristics must play no part in investigative decision-making.

8. Roles, Responsibilities, and Oversight

Investigations are overseen by suitably qualified investigators.

Investigators must:

  • Be appropriately trained and competent
  • Maintain accurate and contemporaneous records
  • Declare and manage conflicts of interest

Significant investigative decisions, including the use of covert tactics or requests for police involvement, must be authorised at a senior level and recorded in writing.

9. Assessment and Case Planning

Upon receipt of information, AWIP will assess:

  • Whether the conduct may constitute a criminal offence
  • Jurisdiction
  • Whether suspects can be identified
  • Whether investigation by AWIP is appropriate

Where an investigation is opened, a case strategy will be prepared, identifying:

  • Alleged offences
  • Suspects (if known)
  • Risks to animal welfare
  • Proposed lines of enquiry
  • Legal and safeguarding considerations

10. Evidence Gathering

Evidence may be obtained by lawful means including:

  • Witness statements
  • Documentary and digital evidence
  • Photographic and video material
  • Open-source intelligence
  • Expert reports, including veterinary evidence

Evidence must be lawfully obtained, preserved with continuity, securely stored, and disclosed appropriately.

11. Interaction with Suspects and Witnesses

Investigators must act professionally and transparently.

Interviews conducted by AWIP are voluntary.

Investigators must:

  • Identify themselves clearly
  • Avoid coercion or intimidation
  • Not imply statutory authority
  • Take particular care with vulnerable persons

12. Application of PACE to Suspect Interviews

AWIP recognises that where investigators conduct interviews with persons suspected of criminal offences, and where the content of those interviews is intended to be relied upon in criminal proceedings, the fairness and admissibility of such interviews will be assessed by the courts by reference to PACE and its Codes of Practice, in particular PACE Code C.

Accordingly, AWIP considers that PACE applies to its investigators insofar as the interviewing of suspects is concerned, and investigators will conduct suspect interviews in a manner consistent with PACE safeguards, including:

  • Treating an individual as a suspect once suspicion has crystallised
  • Informing the suspect of the nature of the allegation
  • Administering an appropriate criminal caution
  • Ensuring interviews are voluntary and free from oppression
  • Allowing reasonable access to legal advice where requested
  • Applying additional safeguards for vulnerable persons
  • Making an accurate and reliable record of the interview

This approach is adopted to ensure compliance with Article 6 of the European Convention on Human Rights and to prevent exclusion of evidence under section 78 PACE.

13. Safeguarding and Vulnerability

Where investigations involve children or vulnerable adults, safeguarding considerations take precedence.

Investigators will:

  • Take steps to protect welfare
  • Refer matters to statutory agencies where required
  • Record safeguarding decisions accurately

14. Covert Investigative Activity

14.1 General Approach

Covert tactics may be used only in exceptional circumstances where overt methods would be ineffective.

All covert activity must be lawful, necessary, proportionate, and justified in the public interest.

14.2 RIPA and Human Rights Considerations

AWIP is not a public authority for the purposes of the Regulation of Investigatory Powers Act 2000 (RIPA) and cannot authorise surveillance or CHIS under the Act.

However, AWIP recognises that RIPA principles are relevant to the assessment of legality, fairness, and admissibility of covertly obtained evidence. AWIP therefore applies RIPA-equivalent safeguards as a matter of policy and best practice.

14.3 Authorisation and Oversight

Covert activity must:

  • Be supported by a written risk and legality assessment
  • Be authorised in advance by the Chief Executive
  • Be reviewed regularly and discontinued if no longer justified

14.4 Permissible Covert Activity

May include:

  • Covert observation in public or semi-public places
  • Limited undercover engagement
  • Covert audio or visual recording

Investigators must not:

  • Encourage offending
  • Engage in entrapment
  • Create or worsen harm to animals

15. Civil Trespass in Exigent Circumstances

AWIP investigators do not have statutory powers of entry and will not ordinarily enter land or premises without the consent of the occupier or lawful authority.

However, AWIP recognises that civil trespass is not a criminal offence in itself, and that in exceptional and exigent circumstances it may be lawful, reasonable, and proportionate for investigators to enter land or premises without consent in order to prevent or evidence serious animal welfare harm.

AWIP permits civil trespass only where all of the following conditions are met:

  • Exigent circumstances exist, meaning a reasonable belief that:
    • an animal is suffering or at imminent risk of serious harm; or
    • critical evidence of animal welfare offences would otherwise be lost or destroyed
  • Entry is necessary and cannot reasonably be delayed pending attendance by statutory authorities
  • The trespass is strictly limited in scope, duration, and intrusion
  • Investigators do not use force, damage property, or interfere beyond what is necessary
  • Investigators withdraw immediately once exigent circumstances cease or statutory authorities attend

Any decision to enter land or premises without consent must be capable of being justified by reference to necessity, proportionality, and the prevention of serious harm, and will be subject to post-incident review by the Chief Executive.

Where entry without consent occurs:

  • Investigators must complete an Exigent Entry Record as soon as practicable, documenting:
    • the circumstances giving rise to entry;
    • the necessity and proportionality assessment;
    • the risk of serious harm;
    • the scope and duration of entry; and
    • any evidence obtained
  • Any evidence obtained following civil trespass will be subject to automatic legal review by a suitably qualified legal adviser before further investigative or prosecutorial use.

In respect of trespass, AWIP recognises that, under section 3 of the Criminal Law Act 1967, any person may use such force as is reasonable in the circumstances in the prevention of crime.

Accordingly, where investigators reasonably believe that a criminal offence relating to animal welfare is ongoing or imminent, and that immediate action is necessary to prevent serious harm, entry onto land or premises without consent may, in appropriate circumstances, be capable of lawful justification as part of the prevention of crime.

Any reliance on section 3 of the Criminal Law Act 1967 must be:

  • based on an honest and reasonable belief that an offence is being committed or is imminent;
  • limited strictly to what is reasonably necessary to prevent that offence; and
  • exercised in a manner consistent with the principles of necessity, proportionality, and minimal intrusion.

Decisions of this nature will be subject to post-incident senior review and automatic legal assessment before any evidence obtained is relied upon.

For the avoidance of doubt, any reliance on section 3 of the Criminal Law Act 1967 by AWIP investigators is limited to such force as is reasonably necessary and does not authorise the use of force against persons except in circumstances permitted by law.

16. Evidence Handling, Disclosure, and Review

All material must be retained, reviewed, and disclosed in accordance with criminal disclosure obligations under the Criminal Procedure and Investigations Act 1996 (CPIA).

Investigators must liaise with prosecutors to ensure compliance and address admissibility risks.

17. Relationship with Prosecution Decisions

Investigative and prosecution decisions are distinct.

Investigators must not allow assumptions about prosecution outcomes to influence investigative fairness.

All prosecution decisions are governed by AWIP’s Prosecution Policy.

18. Cooperation with Statutory Authorities

AWIP will cooperate with police, local authorities, and other enforcement bodies where appropriate.

AWIP recognises it cannot exercise enforcement powers and will refer matters where statutory authority is required.

19. Complaints, Accountability, and Review

AWIP is committed to transparency and accountability.

Complaints will be handled in accordance with AWIP procedures.

This policy will be kept under regular review.

Policy last updated: February 2026

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