Abstract

This chapter explores the purpose of investigation, which is to discover fairly and record accurately information that will be used as the basis for significant decision-making in the case of criminal justice decisions. It emphasizes the importance of establishing and sustaining public confidence in the administrative, regulatory, and criminal justice systems as decisions may have severe adverse consequences. It also covers the UK legislative framework that regulates the use of covert investigation to ensure that such methods do not give rise to unfairness. The chapter discusses what constitutes unfairness and unjustifiable conduct on the part of authorities, derived from the Human Rights Act 1998 (HRA). It traces how covert investigation has been drafted in order to give effect to investigator and agency statutory obligations imposed by the HRA.