One of the covert investigatory techniques covered by Regulation of Investigatory Powers Act (RIPA) is intrusive surveillance. Intrusive surveillance is defined in section 27 as "covert surveillance that is carried out in relation to anything taking place on any residential premises or in any private vehicle and involves the presence of an individual on the premises or in the vehicle or is carried out by means of a surveillance device." Surveillance carried out using a device which is not situated in the premises or vehicle will also count as intrusive surveillance if the device produces material that is of the same quality as one would expect from a device situated
in them. Other forms of covert surveillance may be directed surveillance under Ripa.
All investigators, private, Public or otherwise should be fully conversant with The Human Rights Act, particularly Articles
5(Right to liberty and security),
6 (Right to a fair trial)
8 (Right to respect for private and family life)
In the course of any type of investigation, civil or criminal, the principles of this act must be observed and applied to ensure all actions and procedures are lawful.
The main thrust of most enquires appear to contravene the HRA. It is crucial therefore, that enquiries in the private and personal lives of others are conducted by following the legislative procedures of (RIPA),
Criminal Procedure and Investigations Act (CPIA) and Police and Criminal Evidence Act (PACE) and that investigators are operating within the realms of human rights.
The use of these procedures safeguards the investigator from abusing human
rights law whilst conducting an effective investigation.
When investigating individuals for criminal offences or indeed other non-prosecution misdemeanors, a useful guide for testing whether your decision making processes are in line with the Human Rights Act may be found in the mnemonic 'PLACES` :-
Proportionality. - Can you demonstrate your actions are proportionate?
Legality - Is there a legal basis for your actions?
Accountability - Are you accountable to the employee or court of law?
Compulsion. - Was the action/enquiry necessary?
Equality of Arms - Has the subject access to all the information if a trial?
Subsidiary - Was the action/enquiry the least intrusive as possible?
A court or tribunal may examine these precepts and decide whether your
actions during an enquiry where fair to the individual and in compliance with The Human Rights Act.
Reference links
Police and Criminal Evidence Act
http://www.legislation.gov.uk/ukpga/1984/60/contents
Criminal Procedure and Investigations Act
http://www.legislation.gov.uk/ukpga/1996/25/contents
Regulation of Investigatory Powers Act
http://www.legislation.gov.uk/ukpga/2000/23/contents
Human Rights Act 1998
http://www.legislation.gov.uk/ukpga/1998/42/contents
in them. Other forms of covert surveillance may be directed surveillance under Ripa.
All investigators, private, Public or otherwise should be fully conversant with The Human Rights Act, particularly Articles
5(Right to liberty and security),
6 (Right to a fair trial)
8 (Right to respect for private and family life)
In the course of any type of investigation, civil or criminal, the principles of this act must be observed and applied to ensure all actions and procedures are lawful.
The main thrust of most enquires appear to contravene the HRA. It is crucial therefore, that enquiries in the private and personal lives of others are conducted by following the legislative procedures of (RIPA),
Criminal Procedure and Investigations Act (CPIA) and Police and Criminal Evidence Act (PACE) and that investigators are operating within the realms of human rights.
The use of these procedures safeguards the investigator from abusing human
rights law whilst conducting an effective investigation.
When investigating individuals for criminal offences or indeed other non-prosecution misdemeanors, a useful guide for testing whether your decision making processes are in line with the Human Rights Act may be found in the mnemonic 'PLACES` :-
Proportionality. - Can you demonstrate your actions are proportionate?
Legality - Is there a legal basis for your actions?
Accountability - Are you accountable to the employee or court of law?
Compulsion. - Was the action/enquiry necessary?
Equality of Arms - Has the subject access to all the information if a trial?
Subsidiary - Was the action/enquiry the least intrusive as possible?
A court or tribunal may examine these precepts and decide whether your
actions during an enquiry where fair to the individual and in compliance with The Human Rights Act.
Reference links
Police and Criminal Evidence Act
http://www.legislation.gov.uk/ukpga/1984/60/contents
Criminal Procedure and Investigations Act
http://www.legislation.gov.uk/ukpga/1996/25/contents
Regulation of Investigatory Powers Act
http://www.legislation.gov.uk/ukpga/2000/23/contents
Human Rights Act 1998
http://www.legislation.gov.uk/ukpga/1998/42/contents