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Flashcards in RIP(S)A Deck (14)
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1
Q

Always ask yourself

A

Is my proposed action - lawful - necessary - proportionate - non discrinatory

2
Q

Define directed surveillance

A

Is defined as covert but not intrusive and is undertaken

  • for the purpose of a specific investigation or op
  • in such a manner as is likely to result in obtaining of private info about a person
  • otherwise than by way of an immediate response to events
3
Q

The key of directed surveillance

A

This surveillance will produce a detailed picture of the life of the subject their activities and associations

4
Q

Define intrusive surveillance

A

Is defined as covert and

  • is carried out in relation to anything taking place on a residential premises or in any 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
5
Q

Who authorises intrusive surveillance

A

Chief constable or deputy

6
Q

When is authorisation on required

A

If your providing an immediate response to events or circumstances unless observations become protracted and require additional resources

7
Q

When is authorisation required

A

CCTV is not covered by the act however if you use CCTV for a covert pre planned operation to follow an individual already identified the you should seek authorisation for directed surveillance

8
Q

Who authorises directed surveillance

A

A superintendent will authorise this. It must be in writing and will last for 3 months. Urgent authority can be given orally, valid for 72 hrs, by supt written authority must be attained within the 72 hrs. Where a supt is unavailable a ch insp may authorise in writing only valid for 72 hrs

9
Q

RIP(S)A stands for?

A

The regulation of investigatory powers (Scotland) act 2000

10
Q

Can authorisation be renewed

A

Can be obtained at any time before they are due to expire and will last for another 3 months

11
Q

State the offence of assessing communication data

A

It is an offence for a person to intentionally and without lawful authority to intercept at any place in the UK any communication in the course of its transmission by means of

  • a public telecommunication system
  • a public postal service
12
Q

Define CHIS

A

S1(7) of the act defines a CHIS as a person who establishes and maintains a personal or other relationship with another person for the covert purpose of facilitating the doing of anything falling into paragraphs 1 & 2 below

  • covertly uses such a relationship to obtain information or to provide access to information to another person or
  • covertly discloses information obtained by the use of such a relationship or as a consequence of the existence of such a relationship
13
Q

What is CHIS motivation

A
  • a genuine desire to assist law enforcement
  • the need for assistance whether welfare financial or other material held
  • the desire for revenge
  • removal of criminal opposition
  • the need for a sense of self importance of excitement
  • means of exposing and embarrassing the systems
14
Q

What are the CHIS rules

A
  • sources do not belong to individual officers
  • no law enforcement officer or source used by law enforcement may counsel incite or procure the commission of an offence
  • sources should always be under control, properly briefed and clear about the legal boundaries to their activity
  • sources should not be recruited if there is insufficient handlers or controllers available to run them safely or properly
  • all source handlers or controllers and authorising officers must be trained to national standards
  • the experience and training of handlers and controllers should be commensurate with their seriousness and difficulty of the source activity for which they are responsible
  • sources are entitled to protection within the law and should not be left in a position where they cannot contact a handler for advice or support when necessary
  • senior managers overseeing source activity have a responsibility to supervise the legality integrity and security of ops