Criminal Conduct Authorisations Flashcards
Q: How is the criminal conduct of CHIS’ authorised?
The standard CHIS authorisations do not authorise an informant to engage in any criminal conduct.
The Covert Human Intelligence Sources Criminal Conduct Act 2021- amended RIPA to make specific provision for the authorisation of criminal conduct by informants.
Q: Who grants a criminal conduct authorisation?
Such an authorisation may only be granted where the authorising officer believes it is necessary and proportionate to do so eg: there is no other practicable way of preventing a more serious crime.
Authorisations follow the format of standard CHIS authorisations eg: for the length of time.
Q: What type of conduct does it involve?
It cannot authorise torture or provide a licence to kill.
S29B RIPA- A criminal conduct authorisation is an authorisation for criminal conduct in the course or otherwise in connection with a CHIS. It can only be granted after or at the same time that the use and conduct of the CHIS has been authorised under RIPA and only if it is necessary in the interests of national security or for the purpose of preventing and detecting crime or disorder or in the interests of the economic wellbeing of the UK.
The authorising officer should also consider any potential HR implications of the authorised conduct.
Q: What if the authorisation exceeds 12 months?
Long term relevant source authorisations exceeding 12 months must be granted by Chief Con.
Q: What if the criminal conduct has ended or needs to be cancelled?
Any criminal conduct authorisation can last no longer than the CHIS authorisation it is related to and must be cancelled when the conduct has ended or is no longer necessary or proportionate.
CHIS must be made aware if it has been cancelled or conduct has ended.
Full record must be kept of the CHIS’ response to all the above.
