Week 3 RIPA Flashcards
Regulation of investigatory powers act 2000
Governs what?
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
Part II of the RIpA 2000 act apply to actions such as…
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
Which section of RIPA 2000 covers direct and intrusive surveillance as well as the use of CHIS?
S26
Which part of RIPA covers the grounds on which authorisation of use of a CHIS is given?
What are those grounds?
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
Authorising officer for a CHIS must beleive the authorisation is what?
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)
No CHIS activity should be considered proportionate if the information sought could reasonably be obtained by less intrusive means
.
The fact a suspected offence may be serious will not alone render the use of a CHIS proportionate
.
What else should the authorising officer take into account when authorising a CHIS?
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
Who can authorise a CHIS?
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)
How long does CHIS authority last?
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
Who authorises long term CHIS? (Over 12mths)
Chief constable
And are subject to approval by an independent surveillance commissioner
A single authorisation can combine 2 or more different authorisations (eg use of surveillance and use if CHIS)..
.
Who authorises deployment of undercover officers ?
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
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.
.
Who authorises juvenile (under and 18) and vulnerable individuals to be a CHIS ?
How long is the maximum period of Authorisation?
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
Covert surveillance under part II RIPA…
What is surveillance for the purposes of this act?
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
Surveillance is only covert if…
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
Intrusive surveillance… what is it?
How long does authorisation for intrusive surveillance last?
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.
Directed surveillance… what is it?
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
For the purpose of part II of RIPA what does not constitute intrusive or directed Surveillance?
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
Authorisation for directed Surveillance should not be granted unless it is believed to be what…
Proportionate to what is sought to be acheived
And
Necessary on the specified grounds
Authorisation for direct surveillance should not be granted unless it is believed to be what?…
Proportionate to what is sought to be acheived
And
Necessary on the specified grounds spe
Specified grounds for authorising direct surveillance….
Covered under what section if RIPA?
And what are they?
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
Who can authorise directed surveillance
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
