Covert Surveillance Flashcards
Q: What is covert surveillance?
Part 2 RIPA- if it is carried out in a manner that is calculated to ensure that the people subject to it are unaware that it is or might be taking place.
Q: What does surveillance include?
Includes monitoring, observing, listening to and recording people’s conversations/activities and communications.
General monitoring of a particular area is not covert surveillance eg: every day general policing- monitoring a shopping centre’s CCTV cameras.
Q: What are the 2 forms of covert surveillance?
There are 2 forms of covert surveillance under Part 2 RIPA
- Directed surveillance
- Intrusive surveillance
Q: What is directed surveillance?
It is surveillance which is covert, but not intrusive- which is for the purposes of a specific investigation or operation, which is likely to result in the obtaining of private info about a person including info about his family life, whether or not that person has been specifically identified for the purposes of the investigation or operation and which is not carried out in an immediate response to events or circs where it would not be reasonably practicable to seek prior authorisation.
Eg: if the police monitor a shopping centre’s CCTV cameras for a specific operation, as the camera may be trained on a specific person and he is not aware.
Q: What is not directed surveillance?
RIPA makes it clear that covert surveillance as an immediate response to an unexpected situation.
Eg: after a pursuit, a police officer watches a suspect on foot and waits to arrest. Would not have been reasonably practicable to seek prior authorisation.
Q: Summary of directed surveillance
Directed surveillance- must be covert, for a planned/specific operation or investigation and which may find out some private info about someone.
Q: Who authorises directed surveillance?
Superintendent or above. However, where it is not reasonably practicable to have the application considered by that rank by someone in the organisation having regard to the urgency of the case, an inspector may give the relevant authorisation.
Must be authorised by a designated person and the authorisation can cover activity in the UK or elsewhere.
The designated person must not grant the authorisation unless he believes it is necessary to do so in order to prevent or detect crime, prevent disorder, in the interests of national security, public safety or the economic wellbeing of the country, protecting health or collecting and assessing fines, duties, taxes or levies or for any other purpose specified in an order made by the sec of state.
It must also be proportionate to the aim wanting to be achieved.
Q: How must the authorisation be given? In writing or orally?
Superintendent’s authorisation must usually be given in writing, but in an urgent case it can be given orally.
Inspector’s authorisation must be in writing.
Q: How long does directed surveillance authorisation last?
Unless it is renewed, written authorisation given by a superintendent will last for 3 months begin-ning on the day it was granted.
Urgent authorisations by superintendents given orally last for 72 hours and so do urgent written authorisations by inspectors.
Q: What is intrusive surveillance?
It is surveillance which immediately intrudes upon someone’s private life.
To be considered intrusive, the surveillance must be covert. This covert surveillance should be car-ried out in relation to anything taking place on any residential premises or in any private vehicle and it should involve the presence of an individual on the premises or in the vehicle or be carried out by means of a surveillance device.
It is surveillance of the most private places- premises or vehicle!
Q: How is a private vehicle defined?
Any vehicle including vessels, aircraft or hovercraft which is used primarily for the private purposes of the person who owns it or a person otherwise having the right to use it.
Q: Does it include hotel bedrooms?
Yes! Private rooms are included as intrusive surveillance. Common areas are NOT though eg; hotel dining room.
Q: Does it include prison cells?
Prison accommodation may also fall within the definition because this is living accommodation for the time the prisoner is inside.
Q: What about private discussions in a police van?
Plunkett- held that a police van was NOT a private vehicle for these purposes. So the directed surveillance authorisation given by the superintendent was correct.
Q: What about premises being used for legal consultations?
Surveillance of these premises will be classed as intrusive- wherever consultations may take place. the consultation might be between a solicitor and client, medical professional, and client. These are supposed to be private and protected conversations, subject to legal privilege.
