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Regulation Investigatory Powers Act 2000
The Regulation of Investigatory Powers Act
2000 (RIPA) regulates the way in which investigations are carried
out by public authorities. For example, Trading Standards are
authorised and entitled to carry out Part II of the Act which
includes:
Directed Surveillance – which
is covert but not intrusive
Covert Surveillance – any
which can be intrusive
Examples of Directed
Surveillance
This type of surveillance may be used to gather
evidence for an offence such as a breach of the Trademarks Act. An
Investigating Officer may need to carry out surveillance of a
suspect's home to obtain information about their contacts and work
patterns.
This would be directed surveillance as it
would result in obtaining private information. A RIPA authorisation
should be obtained. The Investigating Officer would need to
demonstrate that such surveillance was necessary and
proportionate.
Investigating Officers can apply for
surveillance for consideration by an authorised nominated Senior
Officer who can grant or refuse the application as appropriate. To
carry out surveillance in each case, officers need to consider the
action was necessary, proportionate, no other legal means were
possible and collateral intrusion minimised. Officers are
trained in this process. The records are kept in accordance with
the RIPA Codes of Practice to adhere to the Act, centrally and by
the Unit making it. The authorisations are regularly reviewed and
have time limits of three months and cease after that, unless
renewed or cancelled depending on the investigation.
An authorisation may be sought under RIPA for
the use of a covert human intelligence source (a "CHIS".)
Examples of the use of a
CHIS
If an Investigating Officer wishes to use a
neighbour to question an individual about the activities carried on
at a site which is subject to enforcement action, this may amount
to the use of a covert human intelligence source.
If a person elects to keep records of the activities at
the site, that would not be likely to amount to the use of a CHIS
as the person concerned would not have established a relationship
with the subject of the surveillance for the purpose of carrying
out that surveillance.
Redbridge Council uses all powers at its disposal to investigate
fraud and criminal matters. The powers under RIPA have only
been used after careful consideration and strictly in accordance
with the act. The use of these powers has resulted in a number of
successful conclusions to benefit fraud and criminal
investigations.
We have summarised the outcomes of the Authorisations issued by
the Authority since January 2005.