RIPA Flashcards
CHIS authorisation (ordinary and urgent)
Which rank?
Writing or orally?
Duration?
Ordinary CHIS:
Superintendent or above
Writing only
12 months
Urgent CHIS
Inspector - writing
Superintendent - orally
72h
CHIS undercover officer ‘relevant source’ (ordinary and urgent)
Which rank?
Writing or orally?
Duration?
Ordinary relevant source
Assistant Chief Constable or above
Writing only
12 months
Urgent relevant source
Superintendent or above
Writing only
72h
Authorisation: Juvenile CHIS and vulernable CHIS
Which rank?
Writing or orally?
Duration?
Assistant Chief Constable
Writing only
4 months
(No urgent authorisation)
Covert surveillance – S. 26 RIPA 2000
Definition
Surveillance: includes monitoring, observing or listening to a person’s movements, conversations, other activities or communications which is conducted either with or without the assistance of a surveillance device and includes recording of any information obtained
When is surveillance covert?
Carried out in a manner calculated to ensure that any persons who are subject to surveillance are unaware that it is or may be taking place.
There are two forms of covert surveillance: Directed and Intrusive
Directed surveillance – s.26 RIPA 2000
Definition
Authorisation
Rank
Writing/orally
Duration
Directed surveillance = covert but not intrusive in nature and for the purpose of a specific operation/investigation which is likely to result in the obtaining of private information about a person whether or not the person has been specifically identified prior to the investigation. And it is conducted otherwise than by way of immediate response to events or circumstances of which that it would not be reasonably practicable for an authorisation to be sought.
Private information = information relating to a person’s private life or family life encompassing personal relationships and professional and business relationships.
Non urgent
Superintendent
In writing
3 months
Urgent
Inspector in writing
Superintendent orally
72h
Sensitive material
What is sensitive material?
If there is a likelihood of unearthing sensitive material during covert surveillance, is it directed or intrusive?
Sensitive material:
1. Subject to legal privilege
2. Confidential personal information
3. Journalistic material; and
4. Correspondence between MP and their constituent
When surveillance is conducted and there is likelihood it will unearth sensitive information = classified as intrusive surveillance
Intrusive covert surveillance – s.26 RIPA 2000
Definition
Authorisation
Length of authorisation
Necessity grounds
Covert and carried out in relation to activities taking place in any residential premises or private vehicle or involves the presence of a CHIS in the premises or vehicle or it is carried out by means of a surveillance device.
Residential premises: occupied or used for residential purposes, irrespective of how temporarily, including moveable structures. Includes hotel rooms and prison accommodation and police cells.
Police van with a suspect on board is NOT a private vehicle so would not be intrusive surveillance
Covert location tracker on private vehicle? - NOT intrusive surveillance (a listening device would be intrusive)
Authorisation (non-urgent)
Chief constable
writing only
3 months (after sign off from surveillance commissioner)
Authorisation (urgent)
Chief constable
writing or orally
72h (provided notice is given to surveillance commissioner)
Necessity grounds:
1. Preventing or detecting serious crime
a. Violence
b. Substantial financial gain
c. Large number of people acting for a common purpose
d. A crime which a person aged 21 or over with no previous convictions could expect a sentence of 3 year or more
2. National security
3. Economic wellbeing of the UK
What is a CHIS?
Definition (s.26(8)): someone who:
- 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
- Having established such a relationship at the request of the public authority, covertly discloses information obtained via the use of such a relationship
CHIS: can include a police informant, an undercover police officer or proactively tasking a member of the public. However, CHIS status will not be allocated to a person who voluntarily supplies information to the police as they will not have been tasked at this juncture. If you then ask them to gather further information they become a CHIS (at point of asking) (‘if you’re asking you’re tasking’)
Covert purpose (s.26(9)): 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.
Necessity criteria for authorising a CHIS
(Same as directed surveillance)
Authorising Officer believes it is necessary and proportionate to what is being sought to be achieved.
Necessity grounds:
1. Preventing or detecting crime (including averting, disrupting or ending criminal activity)
2. Preventing disorder
3. Protecting public health
4. Collecting taxes
5. In the interest of national security
6. In the interest of public safety
7. In the interest of the economic wellbeing of the UK
8. Any purpose specified by the Secretary of State
When is case considered ‘urgent’?
Urgent case: the time that would elapse before the authorisation officer was available to grant the authorisation, would likely pose either of two risks:
* Endanger life
* Jeopardise the operation/ investigation
Necessity criteria for authorising directed surveillance
Same as for CHIS:
Authorising Officer must believe it is necessary and proportionate to what is being sought to be achieved.
Necessity grounds:
1. Preventing or detecting crime (including averting, disrupting or ending criminal activity)
2. Preventing disorder
3. Protecting public health
4. Collecting taxes
5. In the interest of national security
6. In the interest of public safety
7. In the interest of the economic wellbeing of the UK
8. Any purpose specified by the Secretary of State
