RIPA, CHIS and IPA (Covert Policing)

Question 1

What is RIPA?

Answer 1

The Regulation of Investigatory Powers Act 2000 governs the way in which law enforcement use covert methods to investigate in a way that is proportionate, necessary and compatible with human rights.

This does not just relate to the police but all intelligence services.

Question 2

If you breach The Regulation of Investigatory Powers Act 2000 the consequences can be:

Answer 2

• Exclusion of evidence as being unfair by a court or tribunal
• An investigation into the process
• A claim by an individual before the Investigatory Powers Tribunal

Question 3

s26 of RIPA looks at what three areas?

Answer 3

Covert Human Intelligence Sources

Directed Surveillance

Intrusive Surveillance

Question 4

What is a CHIS?

Answer 4

A person is a CHIS if they establish or maintain a relationship with another person for the covert purpose of obtaining information, providing access to information or who covertly discloses information obtained by the use of such a relationship.

Question 5

Give an example of a CHIS

Answer 5

• Tom is a drug user who is well known in the community. He has a number of criminal associations.
• Tom approaches the police whilst in custody for a shoplifting matter and states that he can supply information on a number of county lines. He is referred to the relevant management unit.
• Tom’s suitability is assessed an he is recruited as a CHIS by the Police.
• Over coming months Tom supplies information on county lines that result in a number of drug seizures and arrests.
• Tom is also tasked with obtaining information.
• Tom is paid.

Question 6

Authorisation: Ordinary CHIS

Minimum rank:

Method:

Length:

Answer 6

Minimum rank: Superintendent

Method: In writing

Length: 12 months beginning on the day authorisation is given.

Question 7

Authorisation: Urgent CHIS

Minimum rank:

Method:

Length:

Answer 7

Minimum rank: Inspector

Method: Inspector in writing, Superintendent in writing OR oral.

Length: 72 hours beginning at the time authorisation was given.

Question 8

Authorisation: Ordinary Relevant Source (Undercover Officers)

Minimum rank:

Method:

Length:

Answer 8

Minimum rank: ACC/ Commander

Method: In writing

Length: 12 months beginning on the day authorisation is given.

Question 9

Authorisation: Urgent Relevant Source (Undercover Officers)

Minimum rank:

Method:

Length:

Answer 9

Minimum rank: Superintendent

Method: In writing

Length: 72 hours beginning at the time authorisation was given.

Question 10

Authorisation: Juvenile/ Vulnerable CHIS

Minimum rank:

Method:

Length:

Answer 10

Minimum rank: ACC/ Commander

Method: In writing

Length: 4 months beginning on the day authorisation is given.

Question 11

Reporting on your family

It is forbidden to use a CHIS under 16 years old…

Answer 11

To be authorised to report information on his parents or any other person who has parental responsibility in place.

Juveniles between 16-18 can.

Question 12

Can Juvenile/ Vulnerable CHIS be used?

Answer 12

Yes, although further safeguarding is put in place.

Question 13

What is surveillance?

Answer 13

Surveillance is covert for the purpose where for a specific investigation/ operation it is likely to result in obtaining private information about a person, whether or not that person has been specifically identified for the purpose of the investigation or operation.

There are two types: directed and intrusive.

Question 14

What is directed surveillance?

Answer 14

Directed surveillance means surveillance that is: covert, but not intrusive. For example, observation points outside of premises, or foot or vehicle surveillance tactics.

Question 15

What is intrusive surveillance?

Answer 15

Covert surveillance carried out in relation to anything taking place on any residential premises or 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, e.g cameras or listening devices in a vehicle or house.

Question 16

Authorisation: Ordinary Directed Surveillance

Minimum rank:

Method:

Length:

Answer 16

Minimum rank: Superintendent

Method: Writing

Length: 3 months

Question 17

Authorisation: Urgent Directed Surveillance

Minimum rank:

Method:

Length:

Answer 17

Minimum rank: Inspector

Method: Method: Inspector in writing, Superintendent in writing OR oral.

Length: 72 hours

Question 18

Authorisation: Ordinary Intrusive Surveillance

Minimum rank:

Method:

Length:

Answer 18

Minimum rank: Chief Constable/ Commissioner or Deputy

Method: Writing

Length: 3 months (starts when approved by surveillance commissioner)

Question 19

Authorisation: Urgent Intrusive Surveillance

Minimum rank:

Method:

Length:

Answer 19

Minimum rank: Chief Constable/ Commissioner or Deputy

Method: Writing/ Oral

Length: 72 hours (provided notice is given to surveillance commissioner)

Question 20

Why can a CHIS be used?

The designated person must believe that CHIS activity is necessary for the following reasons…

Answer 20

s29 The Regulation of Investigatory Powers Act 2000

C rime and Disorder Prevention
H ealth and Tax
I nterests of National Security
S pecified by Secretary of State

and authorisation is proportionate to what is sought to be achieved.

Question 21

What are the grounds for authorising Intrusive Surveillance?

Answer 21

Only 3 which qualify this very intrusive means of surveillance…

(a) In the interests of national security;
(b) For the purpose of preventing or detecting serious crime or of preventing disorder;
(c) In the interests of the economic well-being of the United Kingdom;

Question 22

What is The Investigatory Powers Act 2016?

Answer 22

Provides a new governance framework for law enforcement and other relevant agencies by bringing together all of the powers already available and provides safeguards that apply to them in a clearer, more understandable way.

It also creates a new Investigatory Powers Commissioner to oversee how these powers are used.

Question 23

What has the Investigatory Powers Act 2016 introduced with regards to the interception of communication data?

Answer 23

It is now subject to much more objective scrutiny and ensures the process is more transparent.

Warrants authoring interception of communication data can only be issued by a Secretary of State and must be approved by an independent Judicial Commissioner.

They must believe the warrant is necessary on certain, limited grounds and that the interception is proportionate to what it seeks to achieve.

Question 24

The Investigatory Powers Act 2016?

What are the grounds for issuing an interception warrant?

Answer 24

1. In the interests of national security;
2. In the interests of the economic well-being of the UK; or
3. In support of the prevention or detection of serious crime

It also requires safeguards to be in place to limit the use of intercepted material and related communications data.

Question 25

The Offence of Interception

Answer 25

s3 Investigatory Powers Act 2016

(1) A person commits an offence if—
(a) The person intentionally intercepts a communication in the course of its transmission by means of—
(i) A public telecommunication system,
(ii) A private telecommunication system, or
(iii) A public postal service,

(b) The interception is carried out in the United Kingdom, and
(c) The person does not have lawful authority to carry out the interception.

(2) But it is not an offence under subsection (1) for a person to intercept a communication in the course of its transmission by means of a private telecommunication system if the person—
(a) Is a person with a right to control the operation or use of the system, or
(b) Has the express or implied consent of such a person to carry out the interception.

Penalty:

• Summarily – Fine.
• Indictment – 2 years and/ or a fine.

Question 26

Offence of unlawfully obtaining communications data

Answer 26

s11 Investigatory Powers Act 2016

(1) A relevant person who, without lawful authority, knowingly or recklessly obtains communications data from a telecommunications operator or a postal operator is guilty of an offence.

Does not apply to a relevant person who shows that the person acted in the reasonable belief that the person had lawful authority to obtain the communications data.

Penalty:
- Summarily – 12 months and/ or fine.

Question 27

Would RIPA 2000 apply to a journalist working for a private company?

Answer 27

No - the act only applies to public authorities and not to private companies/ individuals.

Question 28

What does CHIS stand for?

Answer 28

Covert
Human
Intelligence
Source

Question 29

RAFER is walking his dog when he see’s BOYD dealing drugs outside a school. He telephones the police to inform them of BOYD’s activities.

Is RAFER a CHIS?

Answer 29

No, there is no relationship between RAFER and BOYD so RAFER cannot be a CHIS.

Question 30

DC Farmer wants to place a recording device in the sitting room of CARMEN, a known handler of stolen goods. This is to record conversations he has with his criminal associates who visit him there.

Is this intrusive surveillance?

Answer 30

Yes (CARMEN’s home is residential premises)

Question 31

DC Farmer wants to place a recording device in a small storage unit that CARMEN, a known handler of stolen goods, rents to store goods.

Is this intrusive surveillance?

Answer 31

No (storage unit is not residential premises or a private vehicle)

Question 32

CARMEN, a known handler of stolen goods, is known to meet his criminal associates in a room at a hotel near to his house. DC Farmer wants to place a listening device in the hotel room that Carmen uses.

Is this intrusive surveillance?

Answer 32

Yes (hotel room’s are considered residential premises)

Question 33

DC Farmer wants to place a tracker under a car that CARMEN, a known handler of stolen goods, uses. This device will only provide the police with the geographical location of CARMEN’s vehicle.

Is this intrusive surveillance?

Answer 33

No (surveillance is taking place on not in private vehicle)

Question 34

DC Farmer wants to place a recording device inside CARMEN, a known handler of stolen goods, uses to monitor his conversations.

Is this intrusive surveillance?

Answer 34

Yes (inside vehicle)

Question 35

DC Farmer wishes to use a hand held recording device to monitor CARMEN’s (a known handler of stolen goods) conversations when he visit’s his brothers house. Although the device will be held by DC Farmer and used some 30 feet from the house, the device will provide sound recordings of the same quality as if it were in the house.

Is this intrusive surveillance?

Answer 35

Yes (even though outside, providing quality that’s like it’s inside).

Question 36

Surveillance will be ‘intrusive’ if its…

Answer 36

• Covert
• Carried out in relation to anything taking place on residential premises or
• In any private vehicle
• Involves the presence of an individual on the premises or in the vehicle
• Is carried out by means of a surveillance device

Question 37

Surveillance will be ‘directed’ if its…

Answer 37

• Covert (but NOT intrusive)
• For the purpose of a specific investigation or operation
• Likely to result in obtaining private information about a person
• Whether or not that person has been specifically identified for the purpose of the investigation/ operation and
• Is not carried out in immediate response to events/ circumstances where it would be reasonable to seek prior authorisation

Question 38

An overt CCTV system in a town centre which displays signs around the town centre telling shoppers they are subject to surveillance would not be caught by the provisions of RIPA 2000.

True or false?

Answer 38

True

The cameras are OVERT (the signs). If they were hidden would apply.

Question 39

PC KALSI is on uniform foot patrol and sees what he believes to be a drug deal taking place. He takes off his high visibility clothing and watches the suspected drug dealer for several minutes. This is directed surveillance.

True or false?

Answer 39

False

Question 40

DC MADDALENA recieves information that GARDEN is selling drugs from inside a small factory unit he rents. DC MADDALENA wants to set up a surveillance operation that will involve placing a video camera inside GARDEN’s factory to watch and record what is going on.

With regard to RIPA 2000, what type of surveillance is occurring here?

Answer 40

This activity would be directed surveillance.

Question 41

Considering the guidance in relation to covert activity. As a result of R v Johnson 1988 in relation to ‘directed surveillance’ and the use of observation points, an officer of at least what rank should conduct the first visit before the observations start?

Answer 41

An officer of at least the rank of sergeant should conduct the first visit before the observations start then immediately before the trial an officer of at least chief inspector rank should visit the premises.