RIPA Flashcards
RIPA 2000 & Article 8
Of The Human Rights
Act 1998
— The Right To Private
Life
The Regulation of Investigatory
Powers Act (RIPA) 2000
regulates situations where
a public authority
infringes the right to privacy
of an individual.
RIPA 2000 is a Human Rights Act 1998
compliant piece of legislation
Scope?
*Covert Human Intelligence Sources
(CHIS);
*Directed surveillance; and
*Intrusive surveillance.
Definition Of A CHIS
Section 26(8) RIPA 2000
A CHIS is someone who either:
Situation 1
The public authority ask to establish or
maintain a personal or other relationship with
another person - for the covert purpose of
facilitating:
*Obtaining information; or
* Providing access to information.
Situation 2
Having established
such a relationship
at the request of the public authority
-covertly discloses information
obtained via the use of such a relationship.
What Is A Covert
Purpose?
Section 26(9) RIPA 2000
A covert purpose will exist where one of the
parties is unaware of either:
*The CHIS purpose of the relationship; or
* The fact that the information gained will
subsequently be disclosed to the police.
Lay Explanation Of A
CHIS
A person - whether a police officer or not…
who hides their true identity
in a relationship with another person or persons.
-at the request of the police.
.in order to gather information for the police
-and the other party is unaware of the
purpose of the relationship
or why the information has been gathered.
THE FORMATION OF THE CHIS RELATIONSHIP
*A police informant.
*An undercover police officer.
*Proactively tasking a member of the public.
When Will A Person
Supplying Information
To The Police Not Be A
CHIS?
CHIS status
will not be allocated
to a person who
voluntarily supplies information
to the police
- as they will not have been tasked to do so
at this juncture.
If having voluntarily
supplied the initial information,
they are subsequently asked
to gather further information
— they will become a CHIS
at the point of tasking
them to perform this role.
The Point At Which A
CHIS Relationship Is
Formed With A Member
Of The Public
“If you’re asking
- you’re tasking”
Scenario — Part 1
Mrs Smith has seen ongoing suspect activity at a
house in her street.
There are people coming and going to the
property at all hours.
She thinks that her neighbour is a drug dealer.
Initial Action
Mrs Smith unilaterally contacts DS Bradshaw
to provide information in relation to the
activities.
Is she a CHIS at this point?
No
Scenario — Part 2
RS Bradshaw attends Mrs Smith’s property at a later date and tasks
* Take index numbers of vehicles calling at her neighbours;
* Contact the police if a red BMW vehicle is seen at the address;
* Speak to neighbours to take numbers on her behalf; or
* Covertly establish a relationship with the suspect neighbour.
Is she a CHIS at this point?
Yes
Duty In Respect Of
Information Provided
By A CHIS?
The police have a duty
not to make unnecessary disclosure
to the public
of information supplied
by a CHIS.
Criteria For Authorising
The Use Of A CHIS?
Section 29 RIPA 2000
2 Elements
The authorising officer must only authorise
a CHIS if they believe:
*It is necessary; and
*That to do so is proportionate to what is
being sought to be achieved.
Necessity Grounds
5 grounds
Ground 1
For the purpose Of either:
* Preventing or detecting crime (including averting, disrupting or
ending criminal activity);
* Preventing disorder;
* Protecting health, or
* Collecting taxes.
Ground 2
In the interest of
national security.
Ground 3
In the interest of
public safety.
Ground 4
In the interest of the
economic well-being
of the UK.
Ground 5
For
any purpose specified
by the
Secretary of State.
Factors That Are
Relevant In
Determining The
Proportionality Of
Tasking A CHIS
Chapter 3 - Covert Human Intelligence
Sources Code Of Practice
6 factors
Factor 1
Balancing the
seriousness of the intrusion
into the private or family life of the subject
(and the risk of collateral intrusion
to persons other than the subject)
against the
operational and investigative needs
of the activity.
Factor 2
Balancing
the size and scope of the CHIS activity
against
the gravity of the crime.
Factor 3
Explaining
how and why
the CHIS methods adopted
will cause the
least intrusion to the subject.
Factor 4
Consider whether
the CHIS activity
is the most reasonable way,
having considered all alternatives,
of obtaining the result.
Factor 5
Evidencing,
as far as reasonably practicable,
what other methods have been considered
and the reason why
they were not adopted.
Factor 6
Consider
the risk
of adverse impact
on community confidence
or safety.
Who Authorises CHIS
Applications?
RIPA (Directed Surveillance & CHIS) Order
2010
The:
* Rank of authorising officer;
* Means of authorisation; and
* Duration of authorisation
will vary depending on 2 factors..
Factor 1
The category of CHIS:
* Adults;
* Relevant Sources (undercover officers); or
*Juvenile / vulnerable…
Factor 2
and whether the CHIS authorisation is either:
*Ordinary (non-urgent); or
* Urgent.
Definition Of An
Urgent Case
CHIS Code Of Practice — Chapter 5.7
A CHIS application
will only be considered urgent
-if the time that would elapse before
the authorising officer
was available to grant the authorisation,
would (in the judgment of the person granting
the authorisation)
be likely to pose
either of the following risks…
Risk ı
Endanger life.
Risk 2
Jeopardise
the operation
or investigation.
What Is Not An
Urgent Case?
CHIS Code Of Practice — Chapter 5.7
2 situations
Situation 1
The need for authorisation
has been neglected.
Situation 2
The urgency
is of the applicant
or authorising officer’s
own making.
(i.e. their own fault)
Category 1
Adults
- Ordinary & Urgent
CHIS
Summary Table
Rank/Ordinary CHIS
Superintendent or above
Means of authorising/duration - Ordinary CHIS
In writing only
12 months-beginning on the day that authority was granted
Rank/Urgent CHIS
If due to the urgency of the situation is not reasonably practicable for the superintendent to provide their authorisation
Inspector or above
Means of authorising/duration - Urgent CHIS
Inspector - in writing only
Superintendent - orally
72 hours - beginning at the time that authority was granted
Long Term
Authorisations
That Exceed 12
Months For Adults
A long term authorisation - exceeding 12
months:
*Can only be authorised by a Chief
Constable / Commissioner; and
*Will be subject to approval by a Judicial
Commissioner.
Category 2
Undercover
Operations —
“Relevant Sources”
Definition Of A
Relevant Source?
All police officers and civilian employees
who are authorised as a CHIS
for undercover operations
(i.e. Advanced or Foundation undercover
operatives including UC on-line
/ Covert Internet Investigators)
are to be known as ‘relevant sources’.
Relevant Sources -
Ordinary & Urgent
CHIS
Summary Table
Rank/Means of authorising - ordinary relevant source
Assistant Chief Constable (ACC)/ Commander or above
In writing only
Duration
12 months-beginning on the day that authority was granted
Rank/Means of authorising - Urgent Relevant Source
Superintendent or above
In writing only
Duration
72 hours - beginning at the time that authority was granted
Long Term
Authorisations That
Exceed 12 Months
For Relevant Sources
A long term authorisation - exceeding 12
months:
*Initial approval must be provided by the
Office Of Surveillance Commissioner; and
*Only then can authorisation be provided
by a Chief Constable / Commissioner.
Category 3
Juvenile (Under 18)
& Vulnerable CHIS
Definition Of A
Juvenile?
Persons aged under 18.
Can A Juvenile (Under
18) Ever Be Tasked To
Act As A CHIS Against
Their Parents?
Yes
if the necessity and proportionality
tests
are both satisfied
-but only if the juvenile is
aged 16 or above.
A juvenile under 16…
..cannot be authorised to act as a CHIS
against:
*Their parent; or
*A person who has
parental responsibility over them.
Definition Of A
Vulnerable Person?
A person who is or may be in need of
community care services by reason of
either:
*Mental or other disability;
*Age; or
*Illness…
and who is or may be either:
*Unable to take care of themselves; or
*Unable to protect themselves against
significant harm or exploitation.
Juvenile &
Vulnerable CHIS
Summary Table
Rank/means of authorising - Juveniles
Assistant Chief Constable (ACC) / Commander or above
In writing only
Rank/means of authorising - Vulnerable persons
Assistant Chief Constable (ACC) / Commander or above
In writing only
Duration - Juveniles
4 months - beginning on the day that authority was granted
Duration - Vulnerable persons
4 months - beginning on the day that authority was granted
