Covert Policing: Law & Practice offers a comprehensive review of the law governing covert policing activities, undertaken by law enforcement and other public authorities. It sets out the framework within which covert policing operations should be planned and managed to enable practitioners working for either the defence or prosecution to consider the legality and propriety of evidence obtained in cases where covert policing resources have been deployed, including applications for Public Interest Immunity. The text places considerable emphasis on the need for a proper methodology of approach to RIPA 2000 and other legislation affecting this area, including the 2010 revised Codes of Practice on Covert Surveillance and Property Interference and the Use and Conduct of Covert Human Intelligence Sources. It examines the statutory and procedural requirements relating to covert policing deployments, from the interception of communications and directed and intrusive surveillance resources, through to the use and conduct of covert human intelligence sources in operations as diverse as counter-terrorism and serious crime to minor test purchase cases.
Covert Policing: Law & Practice critically assesses the law in this area and identifies vulnerabilities and anomalies which practitioners need to develop and use during the course of legal arguments. It will also examine the oversight mechanisms that exist to protect those subjected to invasions of privacy without the proper criminal or civil processes. The law in this area is notoriously complicated and opaque. Covert Policing: Law & Practice seeks to unravel the complexities of RIPA and its relationship with other legislative provisions in order to assist those working in the area. Written in a way that seeks to highlight the effect of the legislation and the principles emanating out of the case law, this book is an essential resource for practitioners engaged in cases where covert policing issues are likely to arise. It will also be of assistance to those working ofr the police and other public authorities authorised under the Regulation of Investigstory Powers Act 2000 to carry out surveillance and other covert activities.
Rezensionen / Stimmen
This is certainly not the only book available that discusses the wider implications of RIPA, but it is the most up to date and the best. CrimeLine
Sprache
Verlagsort
Zielgruppe
Für Beruf und Forschung
Primary market: Criminal law practitioners; police and law enforcement agencies dealing with covert investigation; public authorities. Secondary market: Vocational law students; academics.
Maße
Höhe: 252 mm
Breite: 181 mm
Dicke: 30 mm
Gewicht
ISBN-13
978-0-19-928910-3 (9780199289103)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Klassifikation
Simon McKay is the senior partner of McKay Law, Leeds. He was formerly a legal adviser to the government, where he initially advised on legal issues arising out of Irish and serious crime matters and after 9/11, international terrorism. He specialises in criminal law and human rights, with particular emphasis on covert policing and terrorism. He is widely published in Criminal Law Review, European Human Rights Law Review, Judicial Review and The Journal of Criminal Law.
1. An Introduction to Covert Policing Law and Practice: Exploring and Applying Methodology of Approach ; Introduction ; The Regulation of Investogatory Powers Act 2000 ; The Need for Methodology of Approach ; Evoloving an Approach ; Summary and Structure of the Book ; 2. Privacy, Proportionality and Other Human Rights Principles ; Introduction ; The Human Rights Context ; Article 8 of the European Covention on Human Rights ; The Evolution of Privacy Law in the United Kingdom ; Proportionality ; Other Human Rights Principles ; Conclusion ; 3. Interception of Communications ; Interception of Communications in Context ; The Regulation of Investigatory Powers Act 2000 and the Interception of Communications ; European Convention on Human Rights ; The Future of the Admissibility of Intercept ; 4. The Acquisition and Disclosure of Communications Data ; Introduction ; The Code of Practice ; Statutory Provisions ; Matters Arising out of the Code of Practice ; 5. Surveillance ; Introduction ; Surveillance Law: Statutory Sources ; Statutory Definitions of Surveillance ; Applications for Authorization: Requirements ; Other Matters Relating to Authorization ; Overt Photography, CCTV, and Related Issues ; Other Practical Issues ; The Future of Surveillance ; 6. Property Interference ; Introduction ; The Legislative Matrix ; 7. Covert Human Intelligence Sources ; Introduction ; Defining Covery Human Intelligence Sources ; Authorization ; Vulnerable and Juvenile Sources ; Inter-relationship with Use and Conduct of Covert Human Intelligence Sources and Other Covert Policing Resources ; Participation in Criminality ; Rewards: Reduction in Sentence (Texts) and Payments ; Cell Confessions ; Disclosure in Criminal Proceedings ; Entrapment ; Civil Liability ; 8. The Investigation of Data Protected by Encryption ; Introduction ; Regulation of Investigatory Powers Act, Part III ; Future Issues ; 9. Trial Issues ; Introduction ; Admissibility ; The Rights Engaged ; Protecting Covert Sources, Techniques, and Methodology ; Future Issues ; 10. Private and Non-regulated Surveillance ; Introduction ; Definition and Scope of the Problem ; Compliance: the Legal Framework ; Admissibility of Private Surveillance ; Strasbourg's Approach to Private Surveillance ; Conclusion and Future Challenges ; 11. Oversight ; Introduction ; Interception of Communications Commissioner ; Intelligence Services Commissioner ; Investigatory Powers Commissioner for Northern Ireland ; Chief Surveillance Commissioner ; The Investigatory Powers Tribunal ; Criticisms of the Current Regime ; Conclusions
