RIP(S)A 2000

Question 1

What two types of surveillance are covered by the term covert?

Answer 1

Directed Surveillance

Intrusive surveillance/ property interference

Question 2

Define directed surveillance

Answer 2

Directed surveillance is defined as Covert but not intrusive and is undertaken –

– For the purpose of a specific investigation or operation
– In such a manner as is likely to result in the obtaining of private information about a person and
Otherwise than by way of an immediate response to events

Question 3

When will it be prudent to raise an authorisation for directed surveillance?

Answer 3

On most occasions it will be prudent.

The key issue is the targeting of individual/location where there is a likelihood of gaming private information

Question 4

What 4 elements must your proposed action of investigation satisfy?

Answer 4

Must be:

Lawful
Necessary
Proportionate
Non-Discriminatory

Question 5

Define intrusive surveillance

Answer 5

Intrusive surveillance is defined as a covert and
– Is carried out in relation to anything taking place on any residential premises or in any private vehicle and
– Involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device

Question 6

Explain the authorisation required for intrusive surveillance

Answer 6

All intrusive surveillance will need to be authorised by the chief constable or deputy

and will only be granted if it involves serious crime

Question 7

Explain the authorisation required for directed surveillance

Answer 7

Authorisation for directed surveillance is granted by an officer not below the rank of superintendent, will be given in writing and will last for three months.

Written authority may be given orally (valid 72 hours) by a superintendent written authority must be obtained within 72 hours

Where a superintendent is an unavailable an inspector may authorise in writing in urgent cases only (valid 72 hours)

Question 8

When is authorisation not required?

Answer 8

Authorisation is not required if you are providing an immediate response to events or circumstances unless observations become protracted and require additional resources and which guidance should be sought from an authorising officer

Question 9

Explain the authorisation required for CCTV

Answer 9

CCTV is not covered by the act however if you use CCTV for a covert preplanned operation to fall and individual already identified then you should seek authority for directed surveillance

Question 10

When can authorisation renewals be obtained

Answer 10

Renewals can be obtained at any time before they are due to expire and last for another three months

Question 11

Explain the offence of accessing communication data

Answer 11

RIPSA States it shall be an offence for a person intentionally and without lawful authority to intercept at any place in the UK any communication in the course of its transmission by means of

A public Postal Service (letter, postcard or other such thing in writing/Packet/parcel)

A public telecommunication system (telephone, mobile, landline, email, voicemail, answering machine, phone)

Question 12

Define a covert human intelligence source?

Answer 12

Sec 1(7) of RIPSA2000 defines a CHIS as a person who:

Establishes or maintains a personal or other relationship with another person for the covert purpose of facilitating the doing of anything falling into the following-

Covertly uses such a relationship to obtain information or to provide access to information to another person

Covertly discloses information obtained by the use of such a relationship or as a consequence of the existence of such a relationship

Question 13

List motives for a CHIS.

Answer 13

– A genuine desire to assist law enforcement
– The need for assistance, whether welfare, financial or some other form of material held
– The desire for revenge
– Removal of criminal opposition
– The need for a sense of self importance or excitement
– Means of exposing or embarrassing the system

Question 14

Who is the CHIS code of practice issued by?

Answer 14

It is issued by Scottish ministers

Question 15

What are the Golden rules for CHIS’s

Answer 15

– Sources do not belong to individual officers

– No law enforcement officer or source used by law-enforcement may counsel, incite or procure The commission of an offence

– Sources should always be under control properly briefed and clear about the legal boundaries to their activity

– Sources should not be recruited if there are insufficient handlers or controllers available to run them safely and properly

– All source controllers, handlers and authorising officers must be trained to national standards

– The experience and training of handlers and controllers should be commensurate with the seriousness and difficulty of the source activity for which they are responsible

–Sources are entitled to protection within the law and should not be left in a position where they cannot contact a handler for advice/support when necessary

– Senior managers overseeing source activity have a responsibility to supervise the legality, integrity and security of operations as closely as the administration

Question 16

Explain the intelligence approach when gathering information from persons in custody

Answer 16

– It is good practice for the intelligence approach to be conducted by an officer not involved in the investigation

– Where the intelligent approach is unavoidably carried out by the investigating officer the content should be corroborated

– The intelligent approach should only take place after the investigation phase is concluded

– The present I must be told clearly that the investigation has concluded and should not be discussed further

– The custody officer must ensure the custody record shows that intelligent approach has been made

– It is not permissible to delay the release of the charge prisoner in order to conduct an intelligent approach

The interests of an evidential investigation are paramount, and the intelligence approach is secondary