COVERT HUMAN INTELLIGENCE SOURCES
CODE OF PRACTICE
1 GENERAL
1.1 In this code the:
- "1989 Act" means the Security Service Act 1989;
- "1994 Act" means the
Intelligence Services Act 1994;
- "1997 Act" means the Police
Act 1997;
- "2000 Act" means the
Regulation of Investigatory Powers Act 2000;
- "RIP(S)A" means the
Regulation of Investigatory Powers (Scotland)
Act 2000;
1.2 This code of practice provides guidance on
the authorisation of the use or conduct of
covert human intelligence sources ("a
source") by public authorities under
Part II of the 2000 Act.
1.3 The provisions of the 2000 Act are not
intended to apply in circumstances where
members of the public volunteer information to
the police or other authorities, as part of
their normal civic duties, or to contact
numbers set up to receive information (such as
Crimestoppers, Customs Confidential, the Anti
Terrorist Hotline, or the Security Service
Public Telephone Number). Members of the
public acting in this way would not generally
be regarded as sources.
1.4 Neither Part II of the 2000 Act or this code
of practice is intended to affect the
practices and procedures surrounding criminal
participation of sources.
1.5 The 2000 Act provides that all codes of
practice relating to the 2000 Act are
admissible as evidence in criminal and civil
proceedings. If any provision of the code
appears relevant to any court or tribunal
considering any such proceedings, or to the
Investigatory Powers Tribunal established
under the 2000 Act, or to one of the
Commissioners responsible for overseeing the
powers conferred by the 2000 Act, it must be
taken into account.
1.6 Authorisations can be given for the use or
conduct of a source both inside and outside
the United Kingdom. Authorisations for
actions outside the United Kingdom can only
validate them for the purposes of
proceedings in the United Kingdom. An
authorisation under Part II of the 2000 Act
does not take into account the requirements
of the country outside the United Kingdom in
which the investigation or operation is
taking place.
1.7 Members of foreign law enforcement or
other agencies or sources of those agencies
may be authorised under the 2000 Act in the
UK in support of domestic and international
investigations.
1.8 Where the conduct authorised is likely to
take place in Scotland, authorisations
should be granted under RIP(S)A, unless the
authorisation is being obtained by those
public authorities listed in section 46(3)
of the 2000 Act and the Regulation of
Investigatory Powers (Authorisations
Extending to Scotland) Order 2000).
Additionally, any authorisation granted or
renewed for the purposes of national
security or the economic well-being of the
UK must be made under the 2000 Act. This
code of practice is extended to Scotland in
relation to authorisations made under Part
II of the 2000 Act which apply to Scotland.
A separate code of practice applies in
relation to authorisations made under
RIP(S)A.
1.9 Material obtained from a source
may be used as evidence in criminal proceedings. The
proper authorisation of a source should ensure the suitability
of such evidence under the common law, section 78 of
the Police and Criminal Evidence Act 1984 and the Human
Rights Act 1998. Furthermore, the product obtained by
a source described in this code is subject to the ordinary
rules for retention and disclosure of material under
the Criminal Procedure and Investigations Act 1996,
where those rules apply to the law enforcement body
in question. There are also well-established legal procedures
that will protect the identity of a source from disclosure
in such circumstances.
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