Session 4 - Police Powers, their Regulation and Human Rights Flashcards
what is surveillance?
defined as watching over someone. It can be intrusive, directed or involve human intelligence. It is not only a visual process.
what does RIPA 2000 define surveillance as?
monitoring, observing or listening to persons, their movements, conversations or other activities
what is directed surveillance?
covert but not intrusive, . Requires only internal authorisation, necessary and proportionate. Must be of the authority of a superintendent or above.
what is intrusive surveillance?
covert carried out on residential property or in a private area. Authorised by superintendent but won’t take effect until its approved by a surveillance commissioner
What is a CHIS?
a person who establishes a covert friendship or relationship to obtain access to information
what is the use of a CHIS governed by?
regulation of investigatory powers act 2000
how do you use a CHIS?
you must detail records of handling, the use of them must be renewed after 12 months. can result in reduce sentence or financial reward.
all police actions must have a legal basis what is the mnemonic for this?
P - proportionate L - Legal A - Accountable N - Necessary E - Ethical
prior to making an arrest what should you do?
situation of the victim
Circumstances
Mental and physical health
Nature of the offence
What should record for in your reasonable grounds?
What was the person doing that made you suspicious
Info or intelligence available
Current information or intelligence
what is the necessity test?
I - Investigation D - Disappearance C - Child O - Obstruction P - Physical Injury P - Public Decency L - Loss or Damage A - Address N - Name
what is a PCSO and there powers?
They can deal with minor offences, they can offer early intervention, usually patrol a beat so are knowledgeable, they are very helpful to police officers.
Powers come into two sides, standard and discretionary
What is an investigating officer?
general around search warrants, access to excluded and special procedure material, power to enter after arrest, a general power of seizure, access and copy evidence, can arrest at a police station for further offences
What is a detention officer?
Permitted to do searching, fingerprinting, photographing, carry out field testing for controlled drugs, can take non intimate samples, can use restraint on detained person, can escort detainees between police stations and specified locations.
