RIPA Flashcards

1
Q

What does covert mean

A

This means secret or hidden, being watched without knowing it

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2
Q

What does overt mean

A

This means you know you are being watched

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3
Q

What is a CHIS

A

Someone who establishes or maintains a personal relationship with another person for the covert purpose of obtaining information or providing access to information for another person

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4
Q

Who authorises a CHIS

A

A superintendent or above, however an inspector can give authorisation if it is not practicable - authorising officer is too ill, leave, absent from officer or home or unable to have access to a secure telephone line

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5
Q

Who authorises a police CHIS

A

Assistant chief constable or in absence of them a superintendent

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6
Q

How is authorisation given for a CHIS

A

In writing however in urgent cases can be done orally - brief statement authorising the action

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7
Q

How long does a CHIS autborisation last

A

If not renewed 12 months beginning on the day it was authorised, if given orally by superintendent will last 72 hours or authorisation was given by inspector in writing it will last 72 hours

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8
Q

How long does authorisation for a juvenile CHIS last for

A

4 months

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9
Q

Criteria for authorisation for a CHIS

A

BELIEVES, NECESSARY & PROPORTIONATE

Preventing or detecting crime
Preventing disorder
National security
Economic wellbeing UK
Public safety
Protecting health
Order made by Secretary of State

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10
Q

What is criminal conduct authorisation

A

Is an authorisation for criminal conduct in the course of or in connection with the conduct of CHIS. Can only be granted or at the time that the use of the CHIS has been authorised

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11
Q

What can not be covered in criminal conduct authorisation

A

Torture and murder

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12
Q

What does covert surveillance include

A

Carried out in a manner which people subject to it are unaware it might be taking place; monitoring, observing, listening to and recording people and their conversations, activities and communications

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13
Q

What is directed surveillance

A

Surveillance which is covert but not intrusive, for a planned and specific operation and which might find out some private information on someone

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14
Q

Who authorises directed surveillance

A

Superintendent or above, however an inspector may give if necessary

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15
Q

How long is directed surveillance authorised for

A

3 months on the day it’s granted and urgent authorised is lasted 72 hours

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16
Q

What is intrusive surveillance

A

Surveillance immediately intrudes upon someone’s private life, must be covert, any residential premises or private vehicle, hotel bedroom or a surveillance device

17
Q

Who authorises intrusive authorisation and how long granted for and when will authorisation take place

A

Chief officers for regional forces and authorises for 3 months or when granted urgently can be 72 hours. Authorisation will only take affect until they have been notified to a surveillance commissioner who has approved the authorisation and given written notification of that approval

18
Q

What happens if someone breaches RIPA

A

They can make a claim before the investigatory powers tribunal

Any evidence may be excluded at court or tribunal as being unfair

Proceedings may be taken under the relevant police conduct regulations