COVERT HUMAN INTELLIGENCE SOURCES
CODE OF PRACTICE

Information to be provided in applications for authorisation

4.14 In application for authorisation for the use or conduct of a source should be in writing and record:

• the reasons why the authorisation is necessary in the particular case and on the grounds (e.g. for the purpose of preventing or detecting crime) listed in section 29(3) of the 2000 Act;
• the reasons why the authorisation is considered proportionate to what it seeks to achieve;
• the purpose for which the source will be tasked or deployed (e.g. In relation to an organised serious crime, espionage, a series of racially motivated crimes etc);
• where a specific investigation or operation is involved, nature of that investigation or operation;
• the nature of what the source will be tasked to do;
• the level of authority required (or recommended, where that is different).
• the details of any potential collateral intrusion and why the intrusion is justified;
• the details of any confidential information that is likely to be obtained as a consequence of the authorisation; and
• a subsequent record of whether authority was given or refused, by whom and the time and date.

4.15 Additionally, in urgent cases, the authorisation should record (as the case may be):

• the reasons why the authorising officer or the officer entitled to act in urgent cases considered the case so urgent that an oral instead of a written authorisation was given; and/or
• the reasons why it was not reasonably practicable for the application to be considered by the authorising officer.

4.16 Where the authorisation is oral, the detail referred to above should be recorded in writing by the applicant as soon as reasonably practicable.

Duration of authorisations

4.17 A written authorisation will, unless renewed, cease to have effect at the end of a period of twelve months beginning with the day on which it took effect.

4.18 Urgent oral authorisations or authorisations granted or renewed by a person who is entitled to act only in urgent cases will, unless renewed, cease to have effect after seventy-two hours, beginning with the time when the authorisation was granted or renewed

Reviews

4.19 Regular reviews of authorisations should be undertaken to assess the need for the use of a source to continue. The review should include the use made of the source during the period authorised, the tasks given to the source and the information obtained from the source. The results of a review should be recorded on the authorisation record (see paragraphs 2.13 - 2.15). Particular attention is drawn to the need to review authorisations frequently where the use of a source provides access to confidential information or involves collateral intrusion.

4.20 In each case the authorising officer within each public authority should determine how often a review should take place. This should be as frequently as is considered necessary and practicable.

Renewals

4.21 Before an authorising officer renews an authorisation, he must be satisfied that a review has been carried out of the use of a source as outlined in paragraph 4.19.

4.22 If at any time before an authorisation would cease to have effect, the authorising officer considers it necessary for the authorisation to continue for the purpose for which it was given, he may renew it in writing for a further period of twelve months. Renewals may also be granted orally in urgent cases and last for a period of seventy-two hours.

4.23 A renewal takes effect at the time at which, or day on which the authorisation would have ceased to have effect but for the renewal. An application for renewal should not be made until shortly before the authorisation period is drawing to an end. Any person who would be entitled to grant a new authorisation can renew an authorisation. Authorisations may be renewed more than once, if necessary, provided they continue to meet the criteria for authorisation. The renewal should be kept/recorded as part of the authorisation record (see paragraphs 2.13 - 2.15).

4.24 All applications for the renewal of an authorisation should record:

• whether this is the first renewal or every occasion on which the authorisation has been renewed previously;
• any significant changes to the information in paragraph 4.14;
• the reasons why it is necessary to continue to use the source;
• the use made of the source in the period since the grant or, as the case may be, latest renewal of the authorisation;
• the tasks given to the source during that period and the information obtained from the conduct or use of the source;
• the results of regular reviews of the use of the source;

Cancellations

4.25 The authorising officer who granted or renewed the authorisation must cancel it if he is satisfied that the use or conduct of the source no longer satisfies the criteria for authorisation or that satisfactory arrangements for the source's case no longer exist. Where the authorising officer is no longer available, this duty will fall on the person who has taken over the role of authorising officer or the person who is acting as authorising officer (see the Regulation of Investigatory Powers (Cancellation of Authorisations) Order 2000; SI No: 2794). Where necessary, the safety and welfare of the source should continue to be taken into account after the authorisation has been cancelled.

Contents | Next: Management of Sources

Top of page