Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (Version in vigour from 2021-09-30 to )
Currency | No known outstanding effects |
Coming into Force | 30 September 2021 |
(1) Section 26 of the Regulation of Investigatory Powers Act 2000 (conduct to which Part 2 of that Act applies) is amended in accordance with subsections (2) and (3) .omit the “and” at the end of paragraph (b) ;at the end of paragraph (c) insert
- ; and
- (d) criminal conduct in the course of, or otherwise in connection with, the conduct of covert human intelligence sources
- “(8A) In this Part references to criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source are references to any conduct that—
- (a) disregarding this Part, would constitute crime, and
- (b) consists of, is in the course of, or is otherwise in connection with, the conduct of a covert human intelligence source.
- “(6ZA) An authorisation for the conduct or the use of a covert human intelligence source does not authorise any criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source (but see section 29B for provision for the authorisation of such conduct) .
- “(1) Subject to the following provisions of this Part, the persons designated for the purposes of this section each have power to grant criminal conduct authorisations.
- (2) A “criminal conduct authorisation” is an authorisation for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source.
- (3) A criminal conduct authorisation may only be granted in relation to a covert human intelligence source after, or at the same time as, an authorisation under section 29 which authorises the conduct or the use of the covert human intelligence source concerned.
- (4) A person may not grant a criminal conduct authorisation unless the person believes—
- (a) that the authorisation is necessary on grounds falling within subsection (5) ;
- (b) that the authorised conduct is proportionate to what is sought to be achieved by that conduct; and
- (c) that arrangements exist that satisfy such requirements as may be imposed by order made by the Secretary of State.
- “(1) This section applies in relation to the grant of a juvenile criminal conduct authorisation.
- (2) “A juvenile criminal conduct authorisation” is an authorisation under section 29B for criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source where that source is under the age of 18 (“the juvenile source”) .
- (3) In addition to satisfying the requirements of section 29B, a person may grant a juvenile criminal conduct authorisation only if—
- (a) the person has considered the results of an appropriate risk assessment;
- (b) there are exceptional circumstances such that—
- (i) it is not reasonably foreseeable in the circumstances as the person believes them to be that any harm to the juvenile source would result from the grant of the authorisation, and
- (ii) the person believes the authorisation would be compatible with the need to safeguard and promote the best interests of the juvenile source; and
To continue reading
Request your trial