Police / Public Order Law

Covert Policing: Law and Practice

By Simon McKay
Oxford University Press February 2011

Specifications

ISBN-13
9780199289103
Publisher
Oxford University Press
Publication
February 2011
Format
Hardback , 400 pages
Jurisdiction
U.K. ? Countri(es) for reference only

Details


Provides a comprehensive guide to the Police Act 1997 and RIPA 2000, clearly broken down into separate chapters for each main aspect of the legislation


Clearly explains the interpretation of provisions as set out by the courts and identifies the key principles emanating from cases


Highlights the particular vulnerabilities and anomalies of surveillance and covert policing work to assist practitioners in developing and testing interpretative arguments


Covert Policing: Law & Practice offers a comprehensive review of the law governing covert policing activities, undertaken by law enforcement and other public authorities. It sets out the framework within which covert policing operations should be planned and managed to enable practitioners working for either the defence or prosecution to consider the legality and propriety of evidence obtained in cases where covert policing resources have been deployed, including applications for Public Interest Immunity.



The text places considerable emphasis on the need for a proper methodology of approach to RIPA 2000 and other legislation affecting this area, including the 2010 revised Codes of Practice on Covert Surveillance and Property Interference and the Use and Conduct of Covert Human Intelligence Sources. It examines the statutory and procedural requirements relating to covert policing deployments, from the interception of communications and directed and intrusive surveillance resources, through to the use and conduct of covert human intelligence sources in operations as diverse as counter-terrorism and serious crime to minor test purchase cases.



Covert Policing: Law & Practice critically assesses the law in this area and identifies vulnerabilities and anomalies which practitioners need to develop and use during the course of legal arguments. It will also examine the oversight mechanisms that exist to protect those subjected to invasions of privacy without the proper criminal or civil processes.



The law in this area is notoriously complicated and opaque. Covert Policing: Law & Practice seeks to unravel the complexities of RIPA and its relationship with other legislative provisions in order to assist those working in the area. Written in a way that seeks to highlight the effect of the legislation and the principles emanating out of the case law, this book is an essential resource for practitioners engaged in cases where covert policing issues are likely to arise. It will also be of assistance to those working ofr the police and other public authorities authorised under the Regulation of Investigstory Powers Act 2000 to carry out surveillance and other covert activities.


Readership: Primary market: Criminal law practitioners; police and law enforcement agencies dealing with covert investigation; public authorities. Secondary market: Vocational law students; academics.


 


 



Table of Contents

1: An Introduction to Covert Policing Law and Practice: Exploring and Applying Methodology of Approach


Introduction


The Regulation of Investogatory Powers Act 2000


The Need for Methodology of Approach


Evoloving an Approach


Summary and Structure of the Book


2: Privacy, Proportionality and Other Human Rights Principles


Introduction


The Human Rights Context


Article 8 of the European Covention on Human Rights


The Evolution of Privacy Law in the United Kingdom


Proportionality


Other Human Rights Principles


Conclusion


3: Interception of Communications


Interception of Communications in Context


The Regulation of Investigatory Powers Act 2000 and the Interception of Communications


European Convention on Human Rights


The Future of the Admissibility of Intercept


4: The Acquisition and Disclosure of Communications Data


Introduction


The Code of Practice


Statutory Provisions


Matters Arising out of the Code of Practice


5: Surveillance


Introduction


Surveillance Law: Statutory Sources


Statutory Definitions of Surveillance


Applications for Authorization: Requirements


Other Matters Relating to Authorization


Overt Photography, CCTV, and Related Issues


Other Practical Issues


The Future of Surveillance


6: Property Interference


Introduction


The Legislative Matrix


7: Covert Human Intelligence Sources


Introduction


Defining Covery Human Intelligence Sources


Authorization


Vulnerable and Juvenile Sources


Inter-relationship with Use and Conduct of Covert Human Intelligence Sources and Other Covert Policing Resources


Participation in Criminality


Rewards: Reduction in Sentence (Texts) and Payments


Cell Confessions


Disclosure in Criminal Proceedings


Entrapment


Civil Liability


8: The Investigation of Data Protected by Encryption


Introduction


Regulation of Investigatory Powers Act, Part III


Future Issues


9: Trial Issues


Introduction


Admissibility


The Rights Engaged


Protecting Covert Sources, Techniques, and Methodology


Future Issues


10: Private and Non-regulated Surveillance


Introduction


Definition and Scope of the Problem


Compliance: the Legal Framework


Admissibility of Private Surveillance


Strasbourg's Approach to Private Surveillance


Conclusion and Future Challenges


11: Oversight


Introduction


Interception of Communications Commissioner


Intelligence Services Commissioner


Investigatory Powers Commissioner for Northern Ireland


Chief Surveillance Commissioner


The Investigatory Powers Tribunal


Criticisms of the Current Regime


Conclusions


 


 



About the Author

Simon McKay, Solicitor Advocate and Senior Partner, McKay Law, Solicitors & Advocates





 


 



Reviews

"This is certainly not the only book available that discusses the wider implications of RIPA, but it is the most up to date and the best." - CrimeLine


 


 



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