|
|
What follows is offered largely in summary form as an aid to persons seeking a quick understanding of key parts of the law. It does not absolve the reader who wants to apply the law from referring to the statutes for all necessary detail.
The 1997 Act Part III
Property Interference (PI) - it is available only to police and other law enforcement agencies
- no authorised entry on or interference with property (or wireless telegraphy) is unlawful
- to be a valid authorisation, the officer giving it must believe that when given it is necessary to prevent or detect serious crime and action is proportionate to what it seeks to achieve
- the authorisation must be given by identified ranks
- certain sensitive operations require prior approval of a Commissioner (except in cases of urgency) before becoming effective, ie those which relate to property used as a dwelling, hotel room or office or are likely to reveal information which is subject to legal privilege or where confidential or journalistic material is likely to be revealed
- for other operations, the authorising officer must notify a Commissioner when giving, renewing or cancelling an authorisation
- the authorisation is normally for three months and can be renewed
- if given orally, or by someone other than recognised authorising officer, authorisation lasts for 72 hours and needs to be regularised if it is to extend beyond this.
RIPA and RIP(S)A
Intrusive Surveillance (IS) - it is available only to police and other law enforcement agencies
- it is covert
- it relates to residential premises and private vehicles
- it involves the presence of an individual on the premises or in the vehicle; or is carried out by a surveillance device
- if a surveillance device is not on the premises or in the vehicle it is not intrusive, unless it consistently provides information of the same quality as if it was on the premises or in the vehicle
- the authorisation is given by a Chief Officer, or equivalent, who must be satisfied that it is to prevent serious crime or is in the interests of national security or the economic well-being of the UK
- the prior approval of a Commissioner is required before taking effect (except in cases of urgency)
- the authorisation is normally for three months and can be renewed
- if given orally, or by someone other than the recognised authorising officer, the authorisation lasts for 72 hours. It needs to be regularised if it is to extend beyond that.
Directed Surveillance and Covert Human Intelligence Sources (CHIS)
Those public authorities entitled to authorise are listed in Schedule 1 of RIPA and section 8(3) of RIP(S)A. It goes much wider than police and other enforcement agencies.
Directed Surveillance - it is covert
- it is not intrusive
- it is undertaken for the purpose of a specific investigation or operation in a way likely to obtain private information about a person (otherwise than by immediate response to events).
CHIS - a person is a CHIS if he establishes or maintains a personal or other relationship for the covert purpose of helping the covert use of the relationship to obtain information
- the authorising officer must be satisfied that conduct/use is proportionate to what is sought to be achieved and that arrangements are in place to ensure levels of management and oversight; that records contain statutory particulars and are not available except on a need to know basis
Directed surveillance and CHIS may be authorised by a Superintendent or, in other bodies, as set out in SI 2000 No. 2417 and SSI 2000 No. 343.
- the authorising officer must in each particular case believe
it to be proportionate to what is sought to be achieved by carrying
it out and necessary to prevent crime or disorder, protect public
health, collect or assess any tax, or for other specified purposes.
- public authorities must keep a record of all such authorisations
and they are subject to review by Commissioners/Assistant Commissioners
and OSC inspectors.
|
|
