Duty of Care for Informers
| Published date | 01 September 2005 |
| Author | Roger Billingsley |
| DOI | 10.1350/pojo.2005.78.3.209 |
| Date | 01 September 2005 |
| Subject Matter | Article |
ROGER BILLINGSLEY
Retired police superintendent and senior adviser to
Metropolitan Police Service on covert policing tactics
DUTY OF CARE FOR INFORMERS
This article considers the use of Covert Human Intelligence
Sources, or informers, by law enforcement agencies and
examines whether sufficient ‘duty of care’ is being afforded
them. It reflects on the implications of the Human Rights Act
1998, and the Regulation of Investigatory Powers Act 2000,
which provide stringent controls and inspection processes for
the management and use of informers by public authorities.
The article examines those criminal cases of relevance, espe-
cially relating to the civil law of tort, to determine whether law
enforcement agencies could have claims made against them for
a lack of duty of care, or negligence. The use of a transparent
risk management process is recommended, and the article
provides examples of some areas of improvement considered
necessary, including the use of an independent and objective
inspections body.
The policeman does not care about the informant’s reputation
among his fellows, except as it effects the work of the
policeman.
(J. H. Skolnick, 1966, Justice Without Trial. New York: Wiley,
132.)
Introduction
Recent years have seen major advances for law enforcement
agencies in relation to the control and management of informers.
In particular, the Human Rights Act 1998 and Regulation of
Investigatory Powers Act 2000 (RIPA) have provided strict
processes and controls in terms of review and inspection, espe-
cially regarding the use and management of informers. It is,
perhaps, just as important to establish whether these control
measures have also provided greater recognition of the informer
as an individual. That is to say, has the ‘duty of care’ afforded to
the informer been properly acknowledged?
The Regulation of Investigatory Powers Act 2000 was imple-
mented to legislate for the use of covert activity and it provides
law enforcement agencies with the necessary guidelines to use
covert tactics in a lawful and transparent way. RIPA defines
informers as Covert Human Intelligence Sources (CHIS); how-
ever, this article will refer to them as informers.
The Police Journal, Volume 78 (2005) 209
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