RIPA, CHIS and IPA (Covert Policing) Flashcards
(41 cards)
What is RIPA?
The Regulation of Investigatory Powers Act 2000 governs the way in which law enforcement use covert methods to investigate in a way that is proportionate, necessary and compatible with human rights.
This does not just relate to the police but all intelligence services.
If you breach The Regulation of Investigatory Powers Act 2000 the consequences can be:
- Exclusion of evidence as being unfair by a court or tribunal
- An investigation into the process
- A claim by an individual before the Investigatory Powers Tribunal
s26 of RIPA looks at what three areas?
Covert Human Intelligence Sources
Directed Surveillance
Intrusive Surveillance
What is a CHIS?
A person is a CHIS if they establish or maintain a relationship with another person for the covert purpose of obtaining information, providing access to information or who covertly discloses information obtained by the use of such a relationship.
Give an example of a CHIS
- Tom is a drug user who is well known in the community. He has a number of criminal associations.
- Tom approaches the police whilst in custody for a shoplifting matter and states that he can supply information on a number of county lines. He is referred to the relevant management unit.
- Tom’s suitability is assessed an he is recruited as a CHIS by the Police.
- Over coming months Tom supplies information on county lines that result in a number of drug seizures and arrests.
- Tom is also tasked with obtaining information.
- Tom is paid.
Authorisation: Ordinary CHIS
Minimum rank:
Method:
Length:
Minimum rank: Superintendent
Method: In writing
Length: 12 months beginning on the day authorisation is given.
Authorisation: Urgent CHIS
Minimum rank:
Method:
Length:
Minimum rank: Inspector
Method: Inspector in writing, Superintendent in writing OR oral.
Length: 72 hours beginning at the time authorisation was given.
Authorisation: Ordinary Relevant Source (Undercover Officers)
Minimum rank:
Method:
Length:
Minimum rank: ACC/ Commander
Method: In writing
Length: 12 months beginning on the day authorisation is given.
Authorisation: Urgent Relevant Source (Undercover Officers)
Minimum rank:
Method:
Length:
Minimum rank: Superintendent
Method: In writing
Length: 72 hours beginning at the time authorisation was given.
Authorisation: Juvenile/ Vulnerable CHIS
Minimum rank:
Method:
Length:
Minimum rank: ACC/ Commander
Method: In writing
Length: 4 months beginning on the day authorisation is given.
Reporting on your family
It is forbidden to use a CHIS under 16 years old…
To be authorised to report information on his parents or any other person who has parental responsibility in place.
Juveniles between 16-18 can.
Can Juvenile/ Vulnerable CHIS be used?
Yes, although further safeguarding is put in place.
What is surveillance?
Surveillance is covert for the purpose where for a specific investigation/ operation it is likely to result in obtaining private information about a person, whether or not that person has been specifically identified for the purpose of the investigation or operation.
There are two types: directed and intrusive.
What is directed surveillance?
Directed surveillance means surveillance that is: covert, but not intrusive. For example, observation points outside of premises, or foot or vehicle surveillance tactics.
What is intrusive surveillance?
Covert surveillance carried out in relation to anything taking place on any residential premises or 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, e.g cameras or listening devices in a vehicle or house.
Authorisation: Ordinary Directed Surveillance
Minimum rank:
Method:
Length:
Minimum rank: Superintendent
Method: Writing
Length: 3 months
Authorisation: Urgent Directed Surveillance
Minimum rank:
Method:
Length:
Minimum rank: Inspector
Method: Method: Inspector in writing, Superintendent in writing OR oral.
Length: 72 hours
Authorisation: Ordinary Intrusive Surveillance
Minimum rank:
Method:
Length:
Minimum rank: Chief Constable/ Commissioner or Deputy
Method: Writing
Length: 3 months (starts when approved by surveillance commissioner)
Authorisation: Urgent Intrusive Surveillance
Minimum rank:
Method:
Length:
Minimum rank: Chief Constable/ Commissioner or Deputy
Method: Writing/ Oral
Length: 72 hours (provided notice is given to surveillance commissioner)
Why can a CHIS be used?
The designated person must believe that CHIS activity is necessary for the following reasons…
s29 The Regulation of Investigatory Powers Act 2000
C rime and Disorder Prevention
H ealth and Tax
I nterests of National Security
S pecified by Secretary of State
and authorisation is proportionate to what is sought to be achieved.
What are the grounds for authorising Intrusive Surveillance?
Only 3 which qualify this very intrusive means of surveillance…
(a) In the interests of national security;
(b) For the purpose of preventing or detecting serious crime or of preventing disorder;
(c) In the interests of the economic well-being of the United Kingdom;
What is The Investigatory Powers Act 2016?
Provides a new governance framework for law enforcement and other relevant agencies by bringing together all of the powers already available and provides safeguards that apply to them in a clearer, more understandable way.
It also creates a new Investigatory Powers Commissioner to oversee how these powers are used.
What has the Investigatory Powers Act 2016 introduced with regards to the interception of communication data?
It is now subject to much more objective scrutiny and ensures the process is more transparent.
Warrants authoring interception of communication data can only be issued by a Secretary of State and must be approved by an independent Judicial Commissioner.
They must believe the warrant is necessary on certain, limited grounds and that the interception is proportionate to what it seeks to achieve.
The Investigatory Powers Act 2016?
What are the grounds for issuing an interception warrant?
- In the interests of national security;
- In the interests of the economic well-being of the UK; or
- In support of the prevention or detection of serious crime
It also requires safeguards to be in place to limit the use of intercepted material and related communications data.
