Covert Human Intelligence Sources Flashcards
Q: What is a CHIS?
Someone who establishes or maintains a personal or other relationship with another person for the covert purpose of obtaining information or providing access to information to another person or who covertly discloses information obtained by the use of such a relationship.
Q: When is a purpose considered to be ‘covert’ in this context?
Only if the relationship and subsequent disclosure of info is conducted in a manner that is calculated to ensure one of the parties is unaware of its purpose.
In other words- one party to the relationship does not know that info is being gathered.
Q: Is someone who voluntarily supplies info a CHIS?
Voluntary informants eg: employees reporting misconduct to the police do not have a covert relationship with the police merely by passing on information. The police are recipients of voluntary info in these cases, unless the police ask for further info/task them to do further actions.
Q: What is the main important activity covered by RIPA?
Using a CHIS.
This includes inducing, asking, or assisting someone to act as a CHIS and obtaining info by means of such a source.
Q: Who should authorising officers be (in general)?
Authorising officers should, where possible, be independent from the investigation or operation.
Authorisations may also be made from applications from another police force where forces are party to a collaborative agreement.
Q: Who authorises the use of an adult, civilian CHIS?
In the case of an adult, civilian informant acting as a CHIS the relevant rank is a SUPERINTENDENT or above.
Where it is not reasonably practicable to have the application considered by someone of that rank, having regard to the urgency of the case then an INSPECTOR may give authorisation.
Acceptable reasons that a superintendent cannot consider the application may include:
- Too ill
- On AL
- Absent from office or home
- Unable to obtain access to a secure telephone line within a reasonable time in order to consider the application
Q: Who authorises the use of a police officer as a CHIS?
In the case of these ‘relevant sources’ (police officers), the authorising rank is an ASSISTANT CHIEF CONSTABLE.
In urgent cases and in the absence of the ACC, a SUPERINTENDENT will suffice.
Q: How must the authorisations be given?
The authorising officer must give authorisations in writing, except in urgent cases where they may be given orally. In such cases, a brief statement that the authorising officer has expressly authorised the action should be recorded in writing as a priority. Full details should then also be con-firmed in writing as soon as practicable (generally considered to be the next working day).
Officers who are entitled to act in urgent cases only (inspector for adult civilian CHIS and superintendent for police officer CHIS) MUST give those urgent authorisations in writing. Cannot be oral!
Q: When is a case to be regarded as urgent?
A case is not normally to be regarded as urgent unless the time that would elapse before the authorising officer is available to grant the authorisation would in the judgment of the person giving the authorisation be likely to endanger life or jeopardise the operation or investigation.
Q: Summary of CHIS authorisations
Basic rule for CHIS authorisations:
- Civilian CHIS: superintendent (writing or oral if urgent). If no SI available and case is urgent then Inspector (writing only).
- Police officer CHIS: ACC (writing or oral if urgent). If no ACC available and case is urgent then SI (writing only).
Q: What if the CHIS is a juvenile or vulnerable person?
Juvenile (under 18) or vulnerable CHIS or confidential material may be obtained- rules are stricter!
A vulnerable individual is a person who is or may be in need of community care services by reason of disability, age or illness or who may be unable to take care of himself or to protect himself against significant harm or exploitation.
Q: Who authorises the use of a juvenile or vulnerable CHIS?
Authorisation levels:
- When a juvenile or vulnerable CHIS is to be used as a source: ACC
- When knowledge of confidential info is likely to be acquired (eg: legally privileged material) by a juvenile or vulnerable CHIS : Chief Con or commissioner
Q: What about a CHIS under 16?
Should never be authorised to give info against his parents or anyone else who has parental responsibility for him.
Q: How long will a CHIS authorisation last?
Unless renewed, the standard written authorisation given by a superintendent will cease to have effect after 12 months, beginning on the day it was granted.
If the authorisation was given orally by the superintendent in an urgent case, it will last for 72 hours unless renewed.
Where the case was urgent and authorisation was given by an inspector in writing, it will also last for 72 hours.
Summary of CHIS authorisation:
- 12 months or 72 hours (2 urgent cases are both 72 hours)
Q: How long will a CHIS authorisation last in the case of a juvenile?
Authorisation of an ACC or Chief Con will last for 4 months, beginning on the day the authorisation was granted.
