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Covert Policing: Law and Practice

Covert Policing: Law and Practice

Author: Simon McKay
Publisher: Oxford University Press
ISBN: 9780199289103
Published In: February 2011
Format: Hardback , 400 pages
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

New Edition is available now !

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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.

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

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

"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