RIPA

Question 1

CHIS meaning

Answer 1

Covert Human Intelligence Sources

Question 2

CHIS definition

Answer 2

A person is a chis if they establish or maintain a relationship with another for the purpose of:
Obtaining information, and
Providing access to any information to another, or
They covertly disclose the information obtained by that relationship

Question 3

Covert purpose

Answer 3

Relationship is conducted in a manner that is calculated to ensure that one of the parties is unaware of that purpose.

Question 4

Is someone who supplies police information a CHIS?

Answer 4

Not if there is no covert purpose
Simply passing information on is not a covert purpose
But any form of direction or tasking by the police could make the person a CHIS.

Question 5

Use of a CHIS

Answer 5

Involves any action on behalf of a public authority to induce, ask or assist a person to engage in the conduct of a CHIS or obtain information by means of the conduct of a CHIS.
Use of a CHIS will not amount to surveillance.

Question 6

Authorisation of a CHIS

Answer 6

Must be necessary and proportionate.
E.gs of where it is necessary - in interests of national security, public safety, protecting public health, preventing or detecting crime etc.
Authorising officer should ideally be independent of investigation.
Ordinary CHIS - superintendent in writing, lasts for 12 months.
Urgent CHIS - inspector in writing or superintendent in writing or oral, lasts 72 hours.
Juvenile/vulnerable CHIS - ACC in writing, lasts 4 months.

Question 7

What does not count as surveillance?

Answer 7

Covert surveillance by way of police responding to immediate events
Covert surveillance as part of general observation activities e.g. hot-spot patrols
Overt use of CCTV and ANPR
Use of recording device by a CHIS

Question 8

Directed surveillance

Answer 8

Covert, but not intrusive, observation or monitoring by any means
Must be for the purpose of a specific investigation
Is or likely to obtain meaningful private information about any person
Will be granted if proportionate and necessary.
Non urgent - superintendent in writing, lasts 3 months
Urgent - superintendent verbally or inspector in writing, lasts 72 hours

Question 9

Intrusive surveillance

Answer 9

Covert surveillance that immediately intrudes on someone’s private life
Applies to residential premises or private vehicles only - so includes their hotel room
So would NOT include their office, other car they are in, common areas of hotel etc.
E.g. planting a big in a house, having a camera in house opposite to see into suspect’s house
Police car would be directed surveillance, not intrusive as it is not a private vehicle.
Directed surveillance carried out on these premises will class as intrusive surveillance - prisons, police stations, high security psychiatric hospitals.
Authorisation -
Only for serious crime - if circumstances were such that if a person over 21 who had no previous convictions was likely to receive 3 years imprisonment if they committed this crime and the crime involved: use of violence, serious financial gain and conduct by a large group for a common purpose.
Non urgent - chief constable in writing, lasts 3 months
Urgent - ACC in writing or oral, lasts 72 hours