RIPA Flashcards
RIPA - For use in UK and worldwide
CHIS auth necessity; National security Prev/det crime/disorder Economic wellbeing of UK Public safety Public Heath Tax/Duty/Levy collection Order by secretary of State
Must be proportionate and necessary - KIV any collateral intrusion or community sensitivities
Auth officers SHOULD be independent unless necessary to act urgently for security reasons or in small organisations.
CHIS authorisations;
Supt in writing - 12 mths
URGENT - Insp in writing/Supt oral - 72hrs
If need >12 mths = Chief Subject to approval by Judicial commissioner.
U/C is relevant source
Auth U/C = ACC writing 12 mths
Urgent = Supt writing 72hrs
Juv CHIS (or Vuln adult) auth = ACC - writing 4 mths If under 16 yrs c/not auth to provide info on parents
Intrusive surv auth necessity;
National security
Prev/det SERIOUS crime/disorder
Economic wellbeing of UK
Intrusive = residential premises incl vehicle/moveable structure/private vehicle and involves presence of a person on those premises.
Directed = In relation to a specific operation - not in resp to immediate events/general ops.
Family/Private life incl. business partners etc.
Intrusive Surv auth
Chief in writing = 3mths if auth by surv commissioner
if Urgent Chief verbal = 72hrs, ACC writing only = 72hrs
Must give notice to Surveillance commissioner
Breaches can result in
- evidence being excluded
Misconduct proceedings
Claims to Investigatory powers Tribunal (w/in 1yr)
Insp c/not auth CHIS to obt Confidential material
Dir Surv if info sought is confidential - auth = Chief
D/not incl overt or covert interviews with MOP when they are told the interview is entirely voluntary.
KIV person in custody will have expectations of privacy.
Dir surv auth;
Supt writing = 3 mths
Urgent Insp in writing/Supt verbally = 72 hrs.
Vehicle trackers are not intrusive
Recording quality inside premises must be same quality as if inside premises for it to be intrusive.
Legal consultations on public premises = intrusive.
