Postcomm prosecutions

Section 6 of the Postal Services Act 2000 sets out Postcomm's statutory authority to prosecute offences. Other related duties are described under sections 83 to 88 of the Act.

Before the Postal Services Act and the establishment of Postcomm, the Post Office Acts of 1953 and 1969 were the pieces of legislation setting out the criminal offences of:

  • wilful delay;
  • secretion;
  • extraction, and
  • tampering with mail in the course of post.

The Postal Services Act 2000 updated and superseded those Acts, creating the following offences:

  • the conveyance of letters without a licence (section 6);
  • interference with mail by postal operators (section 83);
  • the general offence of interference with mail (section 84);
  • sending prohibited items by post (section 85);
  • prohibition on affixing advertisements on certain letter boxes (section 86);
  • prohibition on misleading statements (section 87);
  • obstruction of the business of a universal service provider (section 88);
  • offences by body corporate (section 120).

And the Act gives Postcomm the following powers to investigate those offences, and:

  • power to request information (section 47);
  • powers of enforcement (section 48);
  • power of search and seizure (section 49).

But during any investigation, Postcomm must comply with various pieces of legislation and codes of practice. These include:

  • The Human Rights Act 1998 (incorporating the European Convention of Human Rights)
  • The Data Protection Act 1998 (external website)
  • The Police and Criminal Evidence Act 1984
  • The Regulation of Investigatory Powers Act 2000.
  • The Proceeds of Crime Act 2002
  • The Public Interest Disclosure Act 1998
  • The Rehabilitation of Offenders Act 1974
  • The Freedom of Information Act 2000 (external website)
  • The Prosecution of Offences Act 1985
  • The manual of guidance for the prosecution of cases
  • The code of practice for Crown prosecutors
  • The Enforcement Concordat 1998.

And we must make sure that, at all times during any investigation, all our decisions and actions are:

  • proportionate;
  • legal;
  • accountable, and
  • necessary.

Sections 83 to 88 of the Postal Services Act create offences designed to make sure postal operators meet their obligations (as set out in their postal licences) and also that non-licensed operators do not carry mail when they should not. Postcomm prosecutes these offences. More detail on our enforcement role is in the postal licences and operators section of the site.

Our series of downloadable factsheets on key issues in the mail market includes a brief guide to our work on mail security.