Covert Human Intelligence Sources (Criminal Conduct) Act 2021

JurisdictionUK Non-devolved
Citation2021 c. 4
Year2021
(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
.
criminal conduct in the course of, or otherwise in connection with, the conduct of covert human intelligence sources(3) After subsection (8) insert—
  • “(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.
disregarding this Part, would constitute crime, andconsists of, is in the course of, or is otherwise in connection with, the conduct of a covert human intelligence source.(4) In section 29 of that Act (authorisation of covert human intelligence sources) , after subsection (6) insert—
  • “(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) .
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) .(5) After section 29A of that Act insert—
    (29B) Covert human intelligence sources: criminal conduct authorisations
  • “(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.
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.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.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.that the authorisation is necessary on grounds falling within subsection (5) ;that the authorised conduct is proportionate to what is sought to be achieved by that conduct; andthat arrangements exist that satisfy such requirements as may be imposed by order made by the Secretary of State.in the interests of national security;for the purpose of preventing or detecting crime or of preventing disorder; orin the interests of the economic well-being of the United Kingdom.In considering whether the requirements in subsection (4) (a) and (b) are satisfied, the person must take into account whether what is sought to be achieved by the authorised conduct could reasonably be achieved by other conduct which would not constitute crime.Subsection (6) is without prejudice to the need to take into account other matters so far as they are relevant (for example, the requirements of the Human Rights Act 1998) .which involve criminal conduct in the course of, or otherwise in connection with, the conduct of a covert human intelligence source, andare specified or described in the authorisation;consists in conduct by or in relation to the person who is so specified or described as the covert human intelligence source to whom the authorisation relates; andis carried out for the purposes of, or in connection with, the investigation or operation so specified or described.If an authorisation under section 29, which authorises the conduct or the use of a covert human intelligence source to whom a criminal conduct authorisation relates, ceases to have effect, the criminal conduct authorisation also ceases to have effect so far as it relates to that covert human intelligence source (but this is without prejudice to whether the criminal conduct authorisation continues to have effect so far as it relates to any other covert human intelligence source) .prohibit the authorisation under this section of any such conduct as may be described in the order; andimpose requirements, in addition to those provided for by subsections (3) and (4) and sections 29C and 29D, that must be satisfied before an authorisation is granted under this section for any such conduct as may be so described.(1) After section 29B of the Regulation of Investigatory Powers Act 2000 (inserted by section 1(5) ) insert—
    (29C) Criminal conduct authorisations: safeguards for juveniles
  • “(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
This section applies in relation to the grant of a juvenile criminal conduct authorisation.“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”) .the person has considered the results of an appropriate risk assessment;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, andthe person believes the authorisation would be compatible with the need to safeguard and promote the best interests of the juvenile source; andthe person believes that appropriate arrangements for meetings are in force.identifies and evaluates the nature and magnitude of the risks of harm to the juvenile source arising in the course of, or as result of, the conduct authorised by the authorisation; andis carried out in accordance with provision made by the Secretary of State by regulations under this paragraph.physical injury; orpsychological distress.that, at all times when the juvenile source is under the age of 16, there will be a relevant person who will have responsibility for ensuring that an appropriate adult is present at all meetings in relation to the authorisation which take place between the source and a person representing a relevant investigating authority; and

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