REGULATION OF THE PRIVATE INVESTIGATION INDUSTRY

England and Wales

There is currently no requirement for a private investigator to be licensed and you can trade unrestricted anywhere in England and Wales.

In 2001 the Private Security Industry Act was enacted which regulated the licensing of private investigators. The enforcement of this act was passed to the Security Industry Authority (SIA) that was tasked with bringing in the licensing regime. However, with the latest government cutbacks, the SIA is to be disbanded and no alternate authority has been formed to supersede it. Licensing is not now anticipated, for least, several years to come, if at all.

Should licensing ever come into force in the future the best way to ensure obtaining a license is to be a trained and trading as a private investigator. The best way to do both is with the UKPIN.

Scotland and Ireland

At present, no regulation of the private investigation industry is in effect. However, the Private Security Industry Act 2001 governing England and Wales is being considered as a model for legislation in Scotland.

International Licensing

Regulation of the a private investigation industry varies dramatically throughout the world, from not being allowed to trade at all and risking a prison sentence by doing so, to no regulation at all.  Therefore, it is imperative that you ascertain your legal position for the country in which you want to act as a private investigator before you trade.

Definition of Licensable Activity

It is interesting to note that the Private Security Industry Act 2001 defined licensable activities requiring a license as:

 "A person engaged in surveillance, inquiries or investigations for the purpose of obtaining information about a person(s) activities or whereabouts, or the circumstances by which property has been lost or damaged will need to be licensed."

 “Surveillance” includes covertly listening to or recording conversations or other sounds and any method of covertly obtaining information.

Interestingly, it does not cover the activities of a Process Server in the normal course of his work.