The Regulation of Investigatory Powers - An Introduction for Criminal Lawyers

Introduction

The Regulation of Investigatory Powers Act 2000 was updated in 2016 by the Investigatory Powers Act 2016.

The Acts deal with police powers in relation to the investigation and prevention of crime. Whilst such legislation may often be thought to be reserved for cases such as terrorism, its reach extends to the more routine offences of drug supply and failure to comply with notices to disclose encrypted electronic data, such as mobile phones and USB sticks.

Drug supply cases frequently involve Covert Human Intelligence Sources (CHIS). These will require briefings to be given to officers before deployment in order that they understand their legal obligations, particularly under the ECHR. Additionally, surveillance may include ‘directed surveillance’ or ‘intrusive surveillance’. Powers of covert entry will be required to put in place surveillance devices and the admissibility of such evidence will often be challenged at trial.

This virtual classroom seminar aims to give an overview of authorisation and implementation of investigatory powers and the admissibility of evidence obtained in consequence of those powers.

What you will learn

• What is required to authorise surveillance?
• What exactly is the law in relation to ‘Covert Human Intelligence Sources’
• The difference between directed and intrusive surveillance
• What amounts to unlawful interception - what has the Court of Appeal said in the series of Encrochat cases?
• Interception with consent
• Interception in prisons, psychiatric hospitals and immigration detention facilities

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.