CIPFA certificate in investigative practice. Professional training for expert investigations

Transcription

1 CIPFA certificate in investigative practice Professional training for expert investigations

2 CIPFA certificate in investigative practice Introduction Numerous public sector organisations employ personnel to carry out civil, criminal and regulatory investigations. It is essential that these investigations are carried out professionally and to best practice standards. The will provide all investigators with the essential legal knowledge and skills to carry out an investigation professionally and secure admissible evidence. This qualification is highly flexible in that modules can be taken individually on a one-off basis, during one programme of delivery or over a three-year period leading to the qualification. The classroom training, together with pre and post course reading, has been designed to provide delegates with a clear insight into the legal framework within which an investigator should operate. During the course, delegates will look at the relevant legislation, procedures and rules of evidence that impact on their everyday work. Delegates will learn and apply best practice standards in interviewing, collecting and recording evidence, writing statements or reports and giving evidence in the witness box. The training provides a structured development path for personnel with an investigative role, giving them the necessary competencies to carry out their work effectively. The training will: Help investigators gain an excellent knowledge of relevant legislation, procedures and practice Minimise risks in conducting investigations Reduce costs and lead to standardised best practice in investigations Instill confidence in investigators and in those managing them Who should attend Personnel with a regulatory, investigative, enforcement or prosecution role whose position involves the scrutiny or audit of regulatory matters where evidence of civil breaches or criminal offences may become evident, such as: Directors of Finance Auditors Human Resources managers Benefit fraud investigators Monitoring officers Standards Committee Members Managers within the police service involved in financial and/or employment investigations and complaints Managers undertaking employment investigations including misconduct and complaints Managers of financial and regulatory investigations Duration The qualification will take a minimum of four months or a maximum of three years to complete. To successfully complete the certificate, candidates have to complete eight modules. For the eighth and final module, there is a choice of two options. See overleaf for details. Accreditation Delegates undertaking 12 days of classroom-based training and successfully completing the assessments will be accredited with the CIPFA Certificate in Investigative Practice. Delegates who have achieved the certificate are also eligible to claim an additional qualification; the Advanced Professional Certificate in Investigative Practice (APCIP), a nationally recognised BTEC Level 7 qualification accredited by the examining body Edexcel.The course modules can also be attended individually, allowing delegates to update skills in specific areas. In house delivery All modules are available for in-house delivery. When and where For full details see the programme page on the website Booking For online booking visit or

3 Course modules and structure Candidates studying for the CIPFA Certificate in Investigative Practice must complete eight modules, seven of which are mandatory with the eighth as one of two modules: 1. Roles, Responsibilities and Ethics of Investigations (one day) 2. Law, Evidence, Procedure and Best Practice (two days) 3. Advanced Statement/Report Writing and Giving Evidence (two days) 4. Investigative Interviewing (two days) 5. Cognitive Interviewing (one day) 6. Regulation of Investigatory Powers Act (one day) 7. Data Protection Act (one day) 8. Candidates choose one of the following two modules, held in spring or autumn: Collecting Electronic/Digital Evidence (two days) Employment Investigations (two days) The modules Roles, Responsibilities and Ethics of Investigations one day This module provides an overview of the role and responsibilities of investigators covering the full range of options available to tackle fraud. It also explores how an investigator can carry out a successful investigation within the necessary boundaries of objectivity, fairness and proportionality. This module includes case studies dealing with counter fraud issues where there are parallel investigations. Delegates will consider the different sanctions available and what evidence would need to be obtained. Law, Evidence, Procedure and Best Practice two days This module develops the knowledge of law, evidence and procedures necessary for the investigator to carry out an effective and compliant investigation - in criminal, civil and employment investigations. Covering counter fraud specific examples, this module increases delegates ability to operate within a legal framework and to carry out their work to best practice standards. Delegates will gather evidence that is admissible in any subsequent court hearing and conduct an investigation that is compliant with the Human Rights Act and the Police and Criminal Evidence Act (PACE) and Codes. Delegates will: analyse a case to determine what has to be proved and how to prove it, considering case studies tailored to their specific areas or work become familiar with the Theft Act, the Fraud Act and relevant employment investigations principles recognise the different types of evidence and how to collect and record it to maintain continuity throughout an investigation.

4 Advanced Statement/Report Writing and Giving Evidence two days This module develops the skills of writing evidence in statements, and giving oral evidence effectively by analysing statements or reports from completed counter fraud cases. Delegates will develop and improve their written and oral evidence through: looking at specific points relating to the content and structure of statements and reports in counter fraud cases analysing statements or reports they have written in the workplace and practising statement or report writing learning how to present themselves when giving evidence, what techniques lawyers use in cross examination and how they can survive in the witness box experiencing cross-examination by a solicitor or barrister and receiving feedback on evidence giving finding out how an investigation can be undermined as a result of poor investigation practices and procedures. Advanced Investigative Interviewing two days This module develops skill in obtaining accurate, relevant and complete accounts from witnesses during an interview. Delegates will be trained to an advanced level through:- learning how to conduct interviews with their own witnesses and other types of interviewees (suspects and or employees) by applying the planning, preparation, engage and explain, account, closure and evaluate (PEACE) method considering the duty of disclosure prior to interview and conducting interviews in their public sector specific role-play practising different methods of questioning and interviewing techniques. If conducting suspect interviews of employees, the Police and Criminal Evidence Act 1984 (PACE) and the Codes will be considered, as well as how the interview is conducted can affect the admissibility of the evidence. Cognitive Interviewing one day Witnesses or victims statements can often alternatively be too brief, vague, longwinded or lacking in detail. The cognitive interview method enables interviewers to obtain accurate detail from witnesses in their own words - a technique that promotes active communication and recall. Field trials have shown a 40% increase in the relevant information obtained from a witness. Secure and accurate evidence obtained in this way can be vital for witness statements/reports to be used in litigation or in on going risk assessments. Regulation of Investigatory Powers Act one day Non-lawyers will get a thorough understanding of the legal regime imposed under the Regulation of Investigatory Powers Act (RIPA) and become aware of the importance of effective risk assessment when carrying out interceptions/surveillance. The distinction between directed and intrusive covert surveillance will be explored and the need for careful analysis of the purpose and outcomes of the surveillance will also be considered. The importance of having gathered sufficient evidence to justify interception or surveillance in relation to the monitoring and recording of and phone calls will be considered. Data Protection Act one day Delegates will receive an understanding of the implications of the Data Protection Act (DPA) and the steps to be taken in ensuring legal compliance when processing personal data. Delegates will interpret and apply the 8 DPA principles and the need to keep accurate records. They will learn how requests for access to data can be dealt with, consider whether to share data and when they can rely on an exemption to their duties under the DPA.

5 Choice module: candidates must choose from one of the following two modules to complete their study of all eight modules of the full certificate:- Collecting Electronic/Digital Evidence - two days (autumn) This module develops legal knowledge and computer crime investigation skills. Many criminal or investigations may require the securing, seizing, handling and preservation of electronic/digital/computer-based evidence. Delegates will: learn best practice and the legal aspects for dealing with all forms of electronic evidence in accordance with the Computer Misuse Act 1990, the Human Rights Act 1998, the Regulation of Investigatory Powers Act 2000 (RIPA), the Police Act 1997 and the Police and Criminal Evidence Act 1984 (PACE) develop a sound understanding of the Association of Chief Police Officers (ACPO) guidelines dealing with computer-based evidence and learn how to plan and execute the collection of electronic evidence. Practical exercises will demonstrate where and how vital electronic evidence can be obtained. Employment Investigations two days (spring) This module will provide understanding of the legal framework in employment law and internal investigations with practical guidance on law, procedures, evidence and practices. Delegates will: consider the types of claims that may be made by an employee including wrongful dismissal, redundancy, unfair dismissal, sex, race and disability discrimination, dignity at work, bullying and harassment look at the terms of the contract (express and implied), constructive dismissal, conduct and capability dismissals examine, in a practical case based context using an investigations checklist, the reasonableness of an investigation as carried out by the employer (in accordance with the Burchell test as reconfirmed in HSBC and Madden) scrutinise the ACAS Code of Practice and apply it in the context of a case study. Further information For further information about the programme please contact: T: cipfabookings@cipfa.org

6 For further information or to book contact: CIPFA, the Chartered Institute of Public Finance and Accountancy, is the professional body for people in public finance. Our 13,700 members work throughout the public services, in national audit agencies, in major accountancy firms, and in other bodies where public money needs to be effectively and efficiently managed. The Events Team t: e: As the world s only professional accountancy body to specialise in public services, CIPFA s portfolio of qualifications are the foundation for a career in public finance. They include the benchmark professional qualification for public sector accountants as well as a postgraduate diploma for people already working in leadership positions. They are taught by our in-house CIPFA Education and Training Centre as well as other places of learning around the world. cipfa.org.uk/training/accredited We also champion high performance in public services, translating our experience and insight into clear advice and practical services. They include information and guidance, courses and conferences, property and asset management solutions, advisory and recruitment services for a range of public sector clients. Globally, CIPFA shows the way in public finance by standing up for sound public financial management and good governance. We work with donors, partner governments, accountancy bodies and the public sector as well as private sector partners around the world to advance public finance and support better public services. Bond Solon is the UK s leading legal training consultancy for non-lawyers. In the last 10 years, over 70,000 delegates have attended their training programmes. They work with a variety of public and commercial organisations to help ensure that employees work to best practice standards and that they are aware of the legal framework in which they operate. This ensures that in the event of legal problems arising, the organisation will have good evidence produced within its working systems Registered office: 3 Robert Street, London WC2N 6RL T: F: CIPFA Business Limited, the trading arm of CIPFA that provides a range of services to public sector clients. Registered in England and Wales no