Author: Adrian Ramdat BA Ed, PGCE – Specialist Trainer
Sept 2021
We are always being asked by people for ‘top tips’ in relation to applications and authorisations for covert activity under RIPA (and RIPSA) and in particular directed surveillance so we’ve come up with what we think maybe some helpful pointers.
However, we have to give a caveat… None of these tips will replace training in the completion of applications and authorisations, which are covered on the RIPA courses offered by The Signature Brand Training & Consultancy but hopefully they will give you some help.
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- It is important that applicants, gatekeepers and authorising officers understand the terms of necessary, proportionality and collateral intrusion. These terms are crucial, and cases have been lost when they have been incorrectly applied. Make sure they reflect the case you are dealing with. There isn’t a ‘one size fits all’ approach to these terms and they need to be applied to the actual application and authorisation in question.
- The intelligence case should be a summary or bullet point list of the underlying intelligence not a complete ‘cut and paste’ of it all. For intrusive surveillance and property interference applications, the intelligence case is presented differently as that process involves IPCO.
- Applicants and authorising officers should ensure at the application and authorisation for surveillance tactics and equipment aren’t too widely drawn at the outset, but they should allow for flexibility to amend the tactics, locations, times or subjects. If there are changes to be made, if the application and authorisation are constructed properly this can be done by way of a review.
- The authorisation should reflect the application, but it should be capable of standing alone. If the authorisation repeatedly refers to the application, then it will make it easier for the defence to make an application to see it and therefore potentially exposing the intelligence case, intelligence sources or other tactics.
- Disclosure under CPIA is an important consideration and must be considered right from the start of drafting applications and authorisations.
- Any material obtained must be managed in accordance with the safeguards in the relevant code of practice. Whilst this needs to be covered in detail in the cancellation, thought needs to be given to any material that is likely to be obtained when completing the application or authorisation to ensure that collateral intrusion is kept to a minimum. Product management now forms part of the IPCO Data Assurance Programme so is being looked at closely.
On a final note, read the question that is being asked in each box of the application and authorisation and answer that. If you don’t understand the question then check the code of practice, ask experienced colleagues or get some training.
We hope this assists but it really can’t replace training. The Signature Brand Training & Consultancy offer various training packages and also RIPA services such as RIPA (or RIPSA) Advice, Policy reviews or updating and pre-IPCO inspections.
