Author: Adrian Ramdat (Director of Training & Consultancy)
September 2024
Recently on a number of RIPA, covert and intelligence courses the subject of observation posts has understandably arisen. Whilst delegates often raise the case of R v Johnson, it is apparent that there are a number of misunderstandings about the case so I thought it may be helpful to refresh some of the required knowledge about this case.
The case of R v Johnson [1988] 1 WLR 1377 provides critical insights for investigators, particularly regarding the management of surveillance operations and the handling of sensitive evidence. This case, which led to the conviction of an individual accused of supplying controlled drugs, highlights the importance of protecting observation posts while ensuring a fair trial.
Case Overview
In this case, the key evidence against the defendant came from police surveillance conducted from various observation points around the area where the alleged drug transactions took place. The defence sought to challenge the credibility of this evidence by questioning the police officers about the exact locations and angles of their observations. However, the judge ruled that while general information about the observation points should be provided, the specific locations could be kept confidential.
The accused was convicted but appealed on the grounds that the judge’s decision to withhold precise details of the observation points undermined the fairness of the trial.
The Court of Appeal dismissed the appeal, affirming that the trial judge’s ruling was appropriate and did not result in a miscarriage of justice.
Key Points for Investigators
- Confidentiality of Observation Points:
The Court’s decision underscores the need to protect the confidentiality of observation points, particularly to safeguard the identities of those who cooperate with law enforcement. Disclosing exact locations could endanger these individuals and compromise future operations.
- Role of the Sergeant in Charge of Observations:
A crucial aspect of the Court’s ruling is the emphasis on the responsibilities of the sergeant in charge of the observations. It is imperative that this officer personally visits all premises used for surveillance.
The sergeant must assess the willingness of the occupiers to allow their properties to be used and understand the potential risks if their involvement were to be disclosed. If you work in a non-police environment then this person should be of the corresponding rank.
The sergeant is also required to make a note of the difficulty in obtaining observation posts in the locality.
On a personal note, I am surprised by the number of people who think this can be performed by anyone holding this rank, rather than the person in charge of the observations and they think this task can be performed over the telephone.
This has to be a personal visit as the sergeant, or corresponding rank, should also obtain details of the view that can be obtained from the observation post as this will certainly be important to the authorising officer when they considering the relevant application for directed surveillance.
- Pre-Trial Verification by Senior Officers:
Before the trial, a police officer of at least Chief Inspector rank (or equivalent rank) must revisit the observation points to confirm that the conditions of cooperation have not changed. This officer must verify whether the same occupiers are in place and whether they remain comfortable with the previous use of their premises and the possible disclosure during the trial.
From discussions on courses, and I know this is only anecdotal, this step is often missed and I have been told numerous times that this has been forgotten or a senior officer wasn´t available to undertake this visit. Avoid this step at your peril…
- Balancing Justice and Operational Security:
The Court recognised the delicate balance between maintaining operational security and ensuring a fair trial. The ruling provides clear guidelines for when evidence related to observation posts can be withheld, emphasising that such decisions must be made carefully to avoid any injustice.
Implications for Investigators
For investigators, R v Johnson serves as a crucial reminder of the responsibilities involved in surveillance operations. The sergeant (or corresponding rank) in charge of observations plays a key role in ensuring that all observation points are vetted and that the risks associated with their use are fully understood. This responsibility cannot be delegated or overlooked, as it directly impacts the integrity of the evidence and the fairness of the trial.
Moreover, the requirement for senior officers to re-verify these conditions before the trial underscores the importance of meticulous preparation and attention to detail. Investigators must be prepared to justify any decisions to withhold information in court, ensuring that they have followed all necessary procedures to protect sensitive evidence while upholding the accused’s right to a fair trial.
Conclusion
The case of R v Johnson provides vital lessons for investigators, particularly regarding the critical roles of those involved in managing the observations. By personally visiting the premises used for surveillance and ensuring that all conditions are met, investigators can protect both their operations and the rights of the accused.
Adhering to these guidelines is essential for maintaining the integrity of the investigation and ensuring that justice is served.
If you or your staff are engaged in submitting RIPA (or RIPSA) applications, act as the authorising officer undertake covert or intelligence activities, knowledge of this case and other important cases are crucial knowledge. However, you can rest assured that if The Signature Brand Training & Consultancy deliver a course for you, we ensure that not only do we include the required legislation and guidance but we also make sure that we cover any relevant cases and practical issues that you need to be able to perform your role.
Over 98% of our clients are repeat customers who come back to us time and time again as their preferred training provider so you can trust their judgement. For more details check out our website www.thesignaturebrand.co.uk or contact us now by email at info@thesignaturebrand.co.uk
