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 Authorising Officer

2. If authorisation is necessary and proportionate, prepare and submit form D1 to 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, 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
• 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 Authorising Officer

2. If authorisation is necessary and proportionate, prepare and submit form D5 to authorising officer.

1. 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 (Appendix C)
• if authorised, 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 D8 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 D7
• apply to Magistrates' Court for approval
• set an appropriate further review

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