Online RIPA Quiz

So how did you get on to these actual questions that have been asked of RIPA practitioners in court or at a tribunal and and how would you have performed if you had been asked them in those arenas?

ANSWERS:

1.What is the definition of surveillance

Surveillance is the monitoring, observing, listening to
persons, their movements, their conversations, or their other
activities or communications. Recording anything monitored,
observed or listened to in the course of surveillance and
surveillance by or with the assistance of a surveillance device.
Section 48(2) RIPA

2.What is the definition of covert

If, and only if, it is carried out in a manner that is calculated to
ensure that the persons who are subject to the surveillance are
unaware that it is or may be taking place.
Section 26(9) RIPA

3.Authorising Officers should not be responsible for authorising investigations or operations in which they are directly involved. What does directly involved mean? What should be reported and to whom, if an Authorising Officer believes he/she has self-authorised?

ØWhere the Authorising Officer is responsible for the:
ØDetermination of subjects AND
ØDetermination of tactics AND
ØAuthorises Activity

Also see the case of R v French which details the courts view on self-authorisation and resulted in material that was obtained under RIPA being excluded from the proceedings.

(This is one of the challenging areas that we examine on our courses
to ensure that you can make the right decision).

4.RIPA has five ‘parts’. What does Part 2 specifically deal with?

Part 2 specifically deals with Surveillance and
Covert Human Intelligence Sources.

(These areas are covered in great detail to ensure our delegates not only
understand the legislation but can also apply it to the 'real-world' practical situations
that they are required make decsions about).

5. Confidential Information is broken down into three categories?

a)Legal privilege
b)Confidential personal information
c)Confidential journalistic material

6. What is legal privilege?

Section 98 Police Act 1997
S.S.(2). Applies to communications between a professional legal adviser and
a)His client or
b)Any person representing his client
Which are made in connection with the giving of legal advice to the client

S.S.(3). This subsection applies to communications -
a)Between a professional legal adviser and his client or any person representing his client, or
b)Between a professional legal adviser and his client, or any such representative and any other person,
Which are made in connection with or in contemplation of legal proceedings and for the purposes of such proceedings.

S.S. (4) This subsection applies to items enclosed with or referred to in communications of the kind mentioned in subsection (2) or (3) and made -
a)In connection with the giving of legal advice, or
b)In connection with or in contemplation of legal proceedings and for the purposes of such proceedings

S.S. (5) For the purposes of Section 97 -
a)Communications and items are not matters subject to legal privilege when they are in the possession of a person who is not entitled to possession of them, and
b)Communications and items held, or oral communications made, with the intention of furthering a criminal purpose are not matters subject to legal privilege.

7. A witness is receiving phone calls, threatening to kill her if she
attends court to give evidence against the defendant. What
authorisation is needed to monitor any further calls?

a) None, it is in the course of a normal crime investigation.
b) An ‘Intrusive Surveillance’ authority is required due to the
nature of the offence.
c) Only a ‘Directed Surveillance’ authority is required if the
witness consents.
d) Such calls may not be monitored under any circumstances as it
is a breach of human rights legislation.

8. Which of the following is included in the definition of ‘property’
under Part III of the Police Act 1997?

i) A shed in the back garden of a suburban street.
ii) The mobile phone of a suspect arrested for shoplifting.
iii) The Filofax of a person arrested for credit card theft.

a) i)
b) ii)
c) iii)
d) All

9. Staff are in an observations post with a high-powered lens
attached to a video recorder. They can see into the living room of the suspect's house and can clearly see paperwork on the coffee table therein.
Two pieces of paper are utility bills; such is the quality of the lens.
Is this intrusive surveillance?

Section 26(3) provides the definition of Intrusive Surveillance:
Covert Surveillance
Carried out on any residential premises or in any private vehicle and which involves
the presence of an individual on the premises or in the vehicle or
the use of a surveillance device.

(So is it Intrusive Surveillance? Well this is one of the challenging areas that we examine on our courses to ensure that you can make the right decision).

10.What do the following terms mean?

Necessary
Part 2 S.28 & 29 Directed & CHIS detail the seven stautory grounds for necessity, which include:
In the interests of National Security
For the purpose of Preventing & Detecting Crime or the Preventing of Disorder
In the interests of the economic well-being of the UK
In the interests of public safety

Proportionate
·Section 28(2) that the authorised activity is proportionate to what is sought to be achieved by carrying it out
·Code of Practice Para. 2.5 states '… this involves balancing the intrusiveness of the activity on the target and others against the need for activity.
This activity will not be proportionate if it is excessive in the circumstances of the case or if the information which is sought can be obtained by other less intrusive means.'

Collateral Intrusion
·The AO should take into account the risk of intrusion into the privacy of persons other than those directly the subjects of the operation or investigation. Code of Practice. Para. 2.6

(Understanding these key-terms are crucial to getting RIPA right, therefore, this is one of the challenging areas that we examine on our courses to ensure that you fully understand them and we give you a framework so you can apply them practically when dealing with applications or authorisations).

So, be honest, how did you do and would your knowledge stand up if it were to be scrutinised by the OSC, the courts or at a tribunal?

All of these subjects and more are examined in detail on our training courses to not only make sure that you understand the legislation but can also apply it in a practice. Our courses can also include the services of our barristers to actually put you through a courtroom scenario not only to see how you would stand up in that situation but also to prepare you for when it happens - a great learning experience!

Hopefully you can now see that we can assist to develop the skill base of your organisation in RIPA so please contact one of our friendly members of staff to discuss your requirements without any obligation and absolutely NO high-pressure selling.

© This website and its contents are copyright of The Training Consultants Ltd 2006-2011.