Week 3 RIPA

Question 1

Regulation of investigatory powers act 2000

Governs what?

Answer 1

Governs the use of covert techniques

Requires that when covert techniques are needed to obtain private information about someone, that it is done in a way that it necessary, proportionate and compatible with human rights.

Surveillance measures necessarily involve some interference wirh private life, but have the legitimate aim of protecting national security and economic well being

Question 2

Part II of the RIpA 2000 act apply to actions such as…

Answer 2

Intercepting communications (tel, letters, emails)

Acquiring communications data (the who when and where of communications - i.e billing or subscriber info)

Conducting covert surveillance, either in private premises or vehicles (called intrusive surveillance), or in public places (called directed surveillance

The use of CHIS (covert human intelligence sources) such as informants, under cover officers

Access to electronic data protected by encryptions or passwords

Question 3

Which section of RIPA 2000 covers direct and intrusive surveillance as well as the use of CHIS?

Answer 3

S26

Question 4

Which part of RIPA covers the grounds on which authorisation of use of a CHIS is given?

What are those grounds?

Answer 4

S29

Interests of national security

Purpose of preventing or detecting crime or preventing disorder

In the interests of economic well being of the UK

Interests of public safety

Purpose.of protecting public health

Purpose of assessing or collecting tax, duty, levy payable to gvmt dept

Question 5

Authorising officer for a CHIS must beleive the authorisation is what?

Answer 5

Necessary in the circumstances of the particular case for 1 or more if the grounds listed in S29

That if deemed necessary, it is proportionate to what is sought to be achieved (balancing seriousness of intrusion into private life of subject against the need for the activity in investigative terms)

Question 6

No CHIS activity should be considered proportionate if the information sought could reasonably be obtained by less intrusive means

Answer 6

.

Question 7

The fact a suspected offence may be serious will not alone render the use of a CHIS proportionate

Answer 7

.

Question 8

What else should the authorising officer take into account when authorising a CHIS?

Answer 8

Collateral intrusion- the risk of interference with the private and family life of persons who are not the intended subjects of the CHIS activity.

Be aware of any particular sensitivities in the local community

Consider any adverse impact on community confidence or safety that may result from the use of a CHIS or information obtained by the CHIS

Question 9

Who can authorise a CHIS?

Answer 9

Superintendent. In writing (or orally in urgent cases with it recorded in writing as soon as reasonably practicable)

If superintendent not available and it is urgent then an inspector can authorise (must be in writing)

Question 10

How long does CHIS authority last?

Answer 10

12mths from date it was granted (unless renewed)

When Urgent authority is given orally by a suoerintendant or in writing by an inspector it will only last 72 hours unless renewed

Question 11

Who authorises long term CHIS? (Over 12mths)

Answer 11

Chief constable

And are subject to approval by an independent surveillance commissioner

Question 12

A single authorisation can combine 2 or more different authorisations (eg use of surveillance and use if CHIS)..

Answer 12

.

Question 13

Who authorises deployment of undercover officers ?

Answer 13

Assistant chief constable

Or in urgent cases a superintendent

Authorisations lasting over 12mth must be approved by chief constable and the office of surveillance commissioners must give prior approval

Question 14

On no occasion should a CHIS under 16 be authorised to give information against his parents or any person who has parental responsibility for him.

Answer 14

.

Question 15

Who authorises juvenile (under and 18) and vulnerable individuals to be a CHIS ?

How long is the maximum period of Authorisation?

Answer 15

Assistant Chief constable where they are to be used as sources.

Chief constable when knowledge of confidential information is likely to be acquired

Maximum period is 1 month

Question 16

Covert surveillance under part II RIPA…

What is surveillance for the purposes of this act?

Answer 16

Monitoring, observing or listening to persons, their movements, conversations or other activities and communications

May be conducted with or without the assistance of a surveillance device and includes the recording of any information obtained

Question 17

Surveillance is only covert if…

Answer 17

It is carried out in a manner calculated to ensure that any persons who are subject to it are unaware it is or may be taking place

Question 18

Intrusive surveillance… what is it?

How long does authorisation for intrusive surveillance last?

Answer 18

Covert surveillance that is carried out in relation to anything taking place on residential premises or in any private vehicle,

and that involves the presence of an individual on the premises or in the vehicle or is carried out by a surveillance device

Authorisation for intrusive surveillance lasts for a period of 3mths.

Question 19

Directed surveillance… what is it?

Answer 19

Covert surveillance that is not intrusive but is carried out in relation to a specific investigation or operation in such a manner as is likely to result in obtaining private information about any person

Question 20

For the purpose of part II of RIPA what does not constitute intrusive or directed Surveillance?

Answer 20

Covert surveillance by way of an immediate response (i.e officer conceals himself to observe suspicious person they come across in routine patrol)

Covert surveillance as general observation activity (plain clothes officer on patrol to monitor a crime hot spot or prevent/detect shoplifting)

Overt use of Cctv and ANPR systems

Question 21

Authorisation for directed Surveillance should not be granted unless it is believed to be what…

Answer 21

Proportionate to what is sought to be acheived
And
Necessary on the specified grounds

Question 22

Authorisation for direct surveillance should not be granted unless it is believed to be what?…

Answer 22

Proportionate to what is sought to be acheived
And
Necessary on the specified grounds spe

Question 23

Specified grounds for authorising direct surveillance….

Covered under what section if RIPA?

And what are they?

Answer 23

S28

Interests of national security

Purpose.of preventing or detecting crime or preventing disorder

Interests of economic well being of UK

Interests of public safety

Purpose of protecting public health

Purpose of assessing or collecting tax, levy payableto gvmt

Question 24

Who can authorise directed surveillance

Answer 24

Superintendent and above

Muat be in writing unless urgent oral authority given

In urgent cases where superintendent not avail then an inspector may authorise- authorisation will only last 72 hrs unless renewed by superintendent

Question 25

How long does authority last for directed Surveillance?

Answer 25

3mths from the day granted.

72 hrs if given orally (or in writing by inspector in urgent cases) unless renewed

Question 26

Residential premises? .. considered as what for purpose of intrusive surveillance

Answer 26

Any premises being occupied or used by any person, however temporarily, for residential purposes or as living accommodation.

Includes prison or hotel accommodation that is so occupied/used.

Concept of premises should be taken to include any place whatsoever, including any vehicle or moveable structure, whether or not occupied as land.

Question 27

Residential premises.. what is excluded for intrusive surveillance

Answer 27

Any common area, such as hotel dining area,

Question 28

Private vehicle…. for purposes of intrusive surveillance… is defined as what?

Answer 28

Any vehicle, vessel, aircraft, hovercraft which is used for the private purposes of the person who owns it, or another person otherwise having the right to use it (eg a company car)

Question 29

A police van is NOT a private vehicle for the purposes of S26 RIPA

Answer 29

To covertly record a conversation in a police vehicle superintendent authorisation must be given under s28 for directed Surveillance

Question 30

Surveillance is not intrusive if it is carried out by a surveillance device designed or adapted principally for the purpise if providing information about the location of a vehicle.
(S25)

Answer 30

.

Question 31

Surveillance is not intrusive if it is carried out by a device in relation to anything taking place on a premsies or priavte vehicle, but is carried out without the device being present on the premises or in the vehicle…. unless what?

Answer 31

Unless the device consistently provides information of the same quality and detail as might be expected to be obtained from a device present on the premsises or in the vehicle (S25)

Question 32

Who authorises intrusive surveillance?

Answer 32

Chief constable

(In some cases a designated deputy )

Authorisation will not take effect until a surveillance commissioner has approved it and written notice has been given to the person who granted authorisation.

When the authorisation is urgent it will take effect from the time it is granted provided notice is given to the surveillance commissioner

Question 33

What are the specific grounds for authorising intrusive surveillance?

Answer 33

Interests of national security

Purpose of preventing or detecting serious crime

Interests of economic well being of UK

Question 34

Serious crime is defined in S81 RIPA as what for the purposes of authorising intrusive Surveillance?

Answer 34

A crime that comprises an offence for which a person, aged 21 or over with no previous convictions, could reasonably be expected to be sentenced to 3 years or more imprisonment

Or

• Which involves the use of violence ,
• Results in substantial financial gain
• Is conduct by a large number of persons in persuit of a common purpose

Question 35

How long does written authorisation of intrusive surveillance last?

Answer 35

3mths

Oral authorisation are valid for 72hrs

Question 36

If police specifically use city centre CCTV to monitor a shop doorway in a connection with a planned operation or are covertly filming an area that is likely to result in obtaining private information about someone… this will amount to direct surveillance and will require authorisation under RIPA s26

Answer 36

S26 - surveillance will be covert if carried out in a manner that is calculated to ensure the people subject to it are unaware it is , or might be, taking place

So if police are monitoring a persons movements and trying to do so without that person knowing… it will usually amount to cover surveillance

Question 37

Who has the power to authorise use of a CHIS aswell as the police?

Answer 37

NCA
Military
Intelligence services
Public authorities