Document: Download the Derbyshire Dales District Council Regulation of Investigatory Powers Act 2000 Policy [PDF 322KB], Appendix I [PDF 136KB], Appendix 2 [PDF 136KB]
Derbyshire Dales District Council only carries out covert surveillance where such action is justified and endeavours to keep such surveillance to a minimum. It recognises the importance of complying with Regulation of Investigatory Powers Act 2000 (RIPA) when such an investigation is for the purpose of preventing or detecting crime or preventing disorder and has produced this guidance document to assist officers.
Applications for Authority
All requests for authorisation of directed surveillance or a Covert Human Intelligence Source (CHIS) under RIPA must be approved in advance by an Authorising Officer. An Authorising Officer is a person who has been delegated power to act in that capacity. A list of officers who have, to date, been authorised, is annexed to the policy document at appendix F and is subject to regular review and updating by the Head of Corporate Services and the Solicitor. Any incomplete or inadequate application forms will be returned to the applicant for amendment. The authorising officer shall in particular ensure that:
- there is a satisfactory reason for carrying out the surveillance, and the serious crime threshold is met (see 6.2 of policy document)
- the covert nature of the investigation is necessary
- proper consideration has been given to collateral intrusion
- the proposed length and extent of the surveillance is proportionate to the information being sought
- the authorisations are reviewed and cancelled
- the authorisations are sent to Legal Services for entry onto the Central Register.
Once authorisation has been obtained from the Authorising Officer, the Investigating Officer, accompanied by the Solicitor where appropriate, will attend the Magistrates' Court in order to obtain Judicial Approval for the authorisation.
All officers with an enforcement or investigatory function should receive training on the provisions of RIPA. All authorising officers will receive external training every 3 years with annual update briefings from the Solicitor as the RIPA Monitoring Officer.
Central Register and Records
Legal Services shall facilitate and retain the Central Register of all authorisations issued by Derbyshire Dales District Council. The Solicitor to the Council will monitor the content of the application forms and authorisations to ensure conformity and compliance with RIPA.