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Using the statutory powers


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What must be done
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Advice and Guidance - Using The Statutory Powers

What must be done

  • Understand the legislation. The 1997 Act Part III and RIPA and RIP(S)A are relevant for all law enforcement agencies. Only directed surveillance [section 28 of RIPA] and/or covert human intelligence sources [section 29] will be relevant for other authorities. (See Schedule 1 to RIPA and section 8(3) of RIP(S)A).
  • Make use of the codes of practice.
  • Review activities to see what might be within the scope of the legislation and codes.
  • Develop policy on the use of surveillance powers.
  • Identify the individuals who are to authorise the use of these powers.
  • Establish procedures by which decisions will be taken.
  • Make sure that the forms used reflect the requirements of the legislation.
  • Ensure that those completing forms understand the essentials and in particular the meaning of necessity and proportionality.
  • Provide levels of training appropriate to the needs of users.
 

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