Strategic Link:

Service delivery.

Policy Scope:

The policy applies to all staff within South Yorkshire Police.

Policy Aims and Objectives:

South Yorkshire Police will comply with the legislation governing covert surveillance, which is contained in the Regulation of Investigatory Powers Act (RIPA) 2000 (The 2000 Act), Part III of the Police Act 1997 (The 1997 Act) and supported by the Covert Surveillance Codes of Practice.

Associated Procedural Instructions:

Instructions for Completing Regulation of Investigatory Powers Act (RIPA) 2000 Surveillance Forms D51119

Regulation of Investigatory Powers Act: Covert Surveillance Instructions D50813

RIPA Authorisation Involving Outside Agencies D51165

The Use of Blue Lights on Surveillance Vehicles D50814 (added September 2005)

This policy and its instructions should be read in conjunction with the Regulation of Investigatory Powers Act 2000 and the statutory Codes of Practice issued under Section 71 of the Act .

Directed Surveillance

Para 1.3 of the Covert Surveillance Codes of Practice states:

'General observations form part of the duties of many law enforcement officers and other public authorities and is not usually regulated by the 2000 Act. For example, police officers will be on patrol to prevent and detect crime, maintain public safety and prevent public disorder, or trading standards or HMCE (Her Majesty's Customs & Excise) officers might covertly observe and then visit a shop as part of their enforcement function to verify the supply or level of supply of goods or services that may be liable to a restriction or tax. Such observation may involve the use of equipment to merely reinforce normal sensory perception, such as binoculars, or the use of cameras, where this does not involve systematic surveillance of an individual.'

Where the police conduct covert observations and it is intended or likely that private information be obtained about any person (not limited to the subject of the operation or investigation), it is strongly recommended that authorisation under RIPA is sought.

Neither do the provisions of the 2000 Act or the Covert Surveillance code of practice cover authorisation for the use of overt CCTV surveillance systems in normal circumstances. Members of the public are aware that such systems are in use, for their own protection, and to prevent crime.

It should however be noted that where any public or private CCTV system is employed by or at the request of the police and covert observations conducted, authorisation under RIPA should be considered if the acquisition of private information about any person is intended or likely.

 

Directed surveillance is defined in section 26(2) of the 2000 Act as surveillance which is covert, but not intrusive, and undertaken:–

(a) for the purpose of a specific investigation or specific operation;

(b) in such a manner as is likely to result in the obtaining of private information about a person (whether or not one specifically identified for the purposes of the investigation or operation); and

(c) otherwise than by way of an immediate response to events or circumstances the nature of which is such that it would not be reasonably practicable for an authorisation under Part II of the 2000 Act to be sought for the carrying out of the surveillance.

 

Covert surveillance is defined in section 26(9)(a) of the 2000 Act as any surveillance which is carried out in a manner calculated to ensure that the persons subject to the surveillance are unaware that it is or may be taking place.

 

Private information is defined in section 26(10) of the 2000 Act as including any information relating to a person's private or family life. The concept of private information should be broadly interpreted to include an individual's private or personal relationship with others. Family life should be treated as extending beyond the formal relationships created by marriage.

Directed surveillance does not include covert surveillance carried out by way of an immediate response to events or circumstances which, by their very nature, could not have been foreseen. For example, a police officer would not require an authorisation to conceal himself and observe a suspicious person that he came across in the course of a patrol.

Equality Act 2010

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.

In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.

Where action is taken that has the potential to interfere with an individual's Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Freedom of Information Act 2000

Exemptions do not apply to this Statement of Agreed Policy under the Freedom of Information Act 2000.

Management of Police Information (MoPI)

This policy falls within MoPI: Yes

When implementing this policy/procedural instruction all SYP staff must comply with MoPI requirements:-

1. Record all information obtained in the implementation of this policy/procedural instruction on to the relevant system as soon as practicable in accordance with the requirements of the relevant business area and the Government Protective Marking Scheme (GPMS)

2. To avoid unnecessary duplication, before creating a new record, check that the information is not already recorded within that system AND ensure any record created identifies the source (where possible), recorder, recording date and purpose.

3. Where potential intelligence is identified as a result of processing information, submit this via a National Intelligence Record (NIR, CID 122).

4. Where possible, encourage information sharing within the service and with partners, see D50745 Information Sharing Agreements and D50746 Information Sharing Agreements – Instructions.

5. Ensure that all your actions in implementing this policy/procedural instruction comply with D50361 Data Quality, Data Protection Act 1998, Human Rights Act 1998, Freedom of Information Act 2000.

For more details about MoPI, see D50744 Management of Police Information and Guidance on The Management of Police Information (2006) issued by ACPO/Centrex.

Audit Arrangements:

This policy together with its Equality Analysis will be reviewed every 3 years following inspection by the Office of Surveillance Commissioners

Rights of redress for members of the public:

Anyone who feels that a member of SYP staff has behaved incorrectly or unfairly has the right to make a complaint. Initial action should be taken in one of the following ways:

• Complaint in writing or in person to the Senior Officer at the appropriate police station or in writing to the Chief Constable of the force concerned.
• RIPA set up the Investigatory Powers Tribunal to deal with complaints from members of the public about the use or conduct by public authorities of their statutory powers.

The Investigatory Powers Tribunal
PO Box 33220
London
SW1H 9ZQ.

• Visit a local Citizens' Advice Bureau.

• Contact a solicitor.

• The Covert Surveillance Codes of Practice can be accessed on the internet

• Copies of the Covert Surveillance Codes of Practice (ISBN 0–11–341284–3) can be bought from TSO. Contact No 0870 600 5522, or via the internet at www.tso.co.uk.

Rights of redress for South Yorkshire Police staff:

South Yorkshire Police staff who feel they have grounds for concern in relation to the implementation of policies may seek redress through any of the following:

• Pursue concerns through their line manager.

• Contact their First Contact officer.

• Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.

• Seek advice from their staff association or trades union.

• Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control. 

Start Date:

23 June 2003.