Police Powers Of Surveillance Vs Privacy Ao1

Question 1

What was the first act on bugging

Answer 1

Police Act 1997

Question 2

What section no. outlined authorisation for bugging, and when?

Answer 2

S93(2)-Allowed if of substantial value in prevention of serious crime, and cannot be acheived by other means

Question 3

Who grants authorisation and in what section?

Answer 3

s93(5), Chief Officer or assistant Chief Constable

Question 4

S95(1) Police Act

Answer 4

Authorisation can be given orally if in emergency rather than in writing

Question 5

How long does a written vs oral authorisation last for?

Answer 5

Written 3 months (so allowed to bug for 3 months)

Oral 72 hours

Question 6

s96 and s97 Police Act

Answer 6

S96-independent commissioner must be notified as warrant granted, who can quash the authorisation and destroy any records obtained unless used in pending proceedings

S97-commissioner may have to give prior approval to authorisation in a dwelling

Question 7

RIPA 2000

Answer 7

Regulation of Investigatory Powers Act

Question 8

S487 RIPA

Answer 8

Defines surveillance-monitoring observing or listening to persons or their activities

Question 9

S1 RIPA

Answer 9

Offence to intentionally intercept communications by post or telecommunications

Question 10

Edmondson

Answer 10

S1 includes voicemails

Question 11

When is an interception lawful

Answer 11

S3 consent
s5 warrant

Question 12

Who grants warrants in RIPA and in what section

Answer 12

Home secretary
In 5(3)-national security, prevent SERIOUS crime or safeguard wellbeing

Question 13

What is a serious crime and where is it contained

Answer 13

S81(3)-3 plus years

Question 14

S8 and S9 RIPA 2000

Answer 14

S8-contents of warrant-must specify target and info about addresses

s9-duration of warrant-3months but can be renewed

Question 15

s65 RIPA

Answer 15

can challenge surveillance in a tribunal

Question 16

What happens if S65 successful

Answer 16

Quash warrant and destroy info and award compensation

Question 17

S26 RIPA

Answer 17

Identifies 3 types of behaviour covered by act:direct, intruisive, covert

Question 18

Intruisive surveillance

Answer 18

Device or individual is present in premises/vehicle

Question 19

Direct surveillance and what section

Answer 19

S26(2)-Covert but not intruisive-only to obtain private info about person

Question 20

Covert surveillance and section

Answer 20

S26(8)Establish a relationship to access information

Question 21

Who authorises intruisive surveillance?

Answer 21

secretary of state

Question 22

R v Stagg

Answer 22

undercover policewoman befriended Stagg, suspected of murder

Question 23

Investigatory Powers Act 2016-what did it bring (3)

Answer 23

Updates powers in RIPA

DOUBLE LOCK-for intrusive surveillance-need permission from senior judge as welll as SoS

Investigatory Powers Commission to oversee powers

Harsher sanctions for misuse of powers