RIP(S)A Flashcards
Always ask yourself
Is my proposed action - lawful - necessary - proportionate - non discrinatory
Define directed surveillance
Is defined as covert but not intrusive and is undertaken
- for the purpose of a specific investigation or op
- in such a manner as is likely to result in obtaining of private info about a person
- otherwise than by way of an immediate response to events
The key of directed surveillance
This surveillance will produce a detailed picture of the life of the subject their activities and associations
Define intrusive surveillance
Is defined as covert and
- is carried out in relation to anything taking place on a 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
Who authorises intrusive surveillance
Chief constable or deputy
When is authorisation on required
If your providing an immediate response to events or circumstances unless observations become protracted and require additional resources
When is authorisation required
CCTV is not covered by the act however if you use CCTV for a covert pre planned operation to follow an individual already identified the you should seek authorisation for directed surveillance
Who authorises directed surveillance
A superintendent will authorise this. It must be in writing and will last for 3 months. Urgent authority can be given orally, valid for 72 hrs, by supt written authority must be attained within the 72 hrs. Where a supt is unavailable a ch insp may authorise in writing only valid for 72 hrs
RIP(S)A stands for?
The regulation of investigatory powers (Scotland) act 2000
Can authorisation be renewed
Can be obtained at any time before they are due to expire and will last for another 3 months
State the offence of assessing communication data
It is an offence for a person to 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 telecommunication system
- a public postal service
Define CHIS
S1(7) of the act defines a CHIS as a person who establishes and maintains a personal or other relationship with another person for the covert purpose of facilitating the doing of anything falling into paragraphs 1 & 2 below
- covertly uses such a relationship to obtain information or to provide access to information to another person or
- covertly discloses information obtained by the use of such a relationship or as a consequence of the existence of such a relationship
What is CHIS motivation
- a genuine desire to assist law enforcement
- the need for assistance whether welfare financial or other material held
- the desire for revenge
- removal of criminal opposition
- the need for a sense of self importance of excitement
- means of exposing and embarrassing the systems
What are the CHIS rules
- 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 is insufficient handlers or controllers available to run them safely or properly
- all source handlers or controllers and authorising officers must be trained to national standards
- the experience and training of handlers and controllers should be commensurate with their 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 or support when necessary
- senior managers overseeing source activity have a responsibility to supervise the legality integrity and security of ops
