Covert Surveillance Policy and Procedure

This gives an overview of the steps for directed surveillance.

1. Requesting officer (the applicant) must:

• Read the Council’s Policy
• Determine that directed surveillance is required
• Assess whether authorisation will be in accordance with the law
• Assess whether authorisation is necessary under RIPA and whether it could be done overtly
• Consider whether surveillance will be proportionate
• If authorisation is approved – review or renew regularly with Co-ordinator and Authorising Officer

2. If authorisation is necessary and proportionate, prepare and submit Form D1 to Co-ordinator for consideration. Co-ordinator will advise and assist and pass onto Authorising Officer

3. Authorising officer must:

• Consider whether all options have been duly considered, including the Council’s Policy
• Consider whether surveillance is in accordance with the law, necessary and proportionate
• Authorise only if an overt or less intrusive option is not practicable
• Set an appropriate review date (can be up to 3 months after the authorisation date) and conduct the review.
• If authorised, return to Co-ordinator/applicant to apply to the Magistrates’ Court for approval

4. The applicant must review regularly, complete review form D4 and submit to authorising officer on date set.

5. The applicant must, if operation is no longer necessary or proportionate, complete cancellation form D2 and submit to authorising officer.

6. Authorising Officer must:

If surveillance is still necessary and proportionate after authorised period:

• Agree to renewal of authorisation using (Form D3)
• Return to Co-ordinator/applicant to apply to Magistrates’ court for approval
• Set an appropriate further review date and use Form D4

7. Authorising officer must review regularly. Cancel authorisation (form D2) when it is no longer necessary and proportionate.

This gives an overview of the steps for CHIS.

1. Requesting officer (the applicant) must:

• Read the Council’s Policy
• Determine that CHIS is required
• Assess whether authorisation will be in accordance with the law
• Assess whether authorisation is necessary under RIPA and whether it could be done overtly
• Consider whether surveillance will be proportionate
• If authorisation is approved – review or renew regularly with Co-ordinator and Authorising Officer

2. If authorisation is necessary and proportionate, prepare and submit Form D5 to Co-ordinator for consideration. Co-ordinator will advise and assist and pass onto the Authorising Officer

3. Authorising officer must:

• Consider whether all options have been duly considered, including the Council’s Policy
• Consider whether CHIS is in accordance with the law, necessary and proportionate
• Authorise only if an overt or less intrusive option is not practicable
• Set an appropriate review date (can be up to 3 months after the authorisation date) and conduct the review.
• Consider the safety and welfare of the source – see Appendix C
• If authorised, return to Co-ordinator/applicant to apply to the Magistrates’ Court for approval

4. The applicant must review regularly, complete review form D8 and submit to authorising officer on date set.

5. The Applicant must:

If operation is no longer necessary or proportionate, complete CANCELLATION FORM CD8 and submit to Co-ordinator to review and provide to Authorising Officer

5. Authorising Officer must:

If surveillance is still necessary and proportionate after authorised period:

• Agree to renewal of authorisation using (Form D7)
• Return to applicant to apply to Magistrates’ court for approval
• Set an appropriate further review date and use Form D8

7. Authorising officer must cancel authorisation (form D8) when it is no longer necessary and proportionate.