Covert Policing Flashcards
Covert Policing and Human Rights Article 8.1
Article 8.1 ECHR
Everyone has the right to respect for his private and family life, his home and his correspondence.
Article 8.2 ECHR
There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society
Covert Methods
Interception of communications
Intrusive surveillance
Directed surveillance
Use of informers to collect evidence
Undercover police officers
Part 3 Police Act 1997 Property Interference
By virtue of the 1997 Act, no authorised entry or interference is unlawful.
The authorising officer must believe that the action proposed is necessary for the prevention or detection of serious crime, and that the action authorised is proportionate to what it seeks to achieve.
Authorisations must be notified to a Commissioner including decisions to renew or cancel.
In sensitive circumstances a Commissioner’s prior approval is required before an authorisation becomes effective. This occurs where:
the property is a dwelling
a hotel bedroom or an office
information is likely to be acquired which is subject to legal privilege
confidential personal or journalistic material is likely to be acquired.
Intrusive Surveillance
This is covert and carried out in relation to anything taking place on any residential premises or in any private vehicle.
It involves a person on the premises or in the vehicle, or is carried out by a surveillance device.
Except in cases of urgency, it requires a Surveillance
Commissioner’s approval to be notified to the authorising officer before it can take effect.
The power is available to the same law enforcement agencies as under the 1997 Act
Directed Surveillance
This is covert but not intrusive or an immediate response to events.
It is undertaken for a specific investigation or operation in a way likely to obtain private information about a person.
It must be necessary and proportionate to what it seeks to achieve and may be used by the wide range of authorities identified in the legislation.
Covert Human Intelligence Sources
The use or conduct of someone who establishes or maintains a personal or other relationship with a person for the covert purpose of obtaining information.
The authorising officer must be satisfied that the authorisation is necessary, that the conduct authorised is proportionate to what is sought to be achieved and that arrangements for the overall management and control of the individual are in force.
CHIS may be used by the wide range of authorities identified in the legislation.
A CHIS is someone, who without disclosing their intentions, starts or uses an existing relationship with another person to obtain or access information.
They then pass on that information to police without the knowledge of that person.
UK Covert Policing Framework
Statutes & codes
Human rights compliance
Regulation of Investigatory Powers Act 2000 (RIPA)
Part Three, Police Act 1997
Governance & oversight arrangements
Planning Covert Investigations
Proportionality - Is it proportionate
Legality - Is it legitimate?
Accountability – Is there authority to undertake the activity?
Necessity – Why is the action needed?
RIPA Part 2
Surveillance – Intrusive and Directed
Monitoring, observing, listening to persons, their movements, conversations or their other activities or communications;
Recording anything monitored, observed or listened to in the course of surveillance; and surveillance by or with the assistance of a surveillance device.
(RIPA s.48(2)
UK Covert Intelligence/ Evidence Collection
Part 3 Police Act 1997 (Property Interference or Wireless Telegraphy)
Regulation of Investigatory Powers Act 2000 (RIPA):
Part 1: Interception of Communications/Data
Part 2: Directed/Intrusive Surveillance and Covert Human Intelligence Sources (CHIS)
Part 3: Investigation of Electronic data protected by Encryption
