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<p>The Regulation of Investigatory Powers Act 2000 (RIPA) is the legislation which
governs the use of covert human intelligence sources (‘CHIS’). RIPA provides that
restrictions on certain groups of CHIS can be imposed in secondary legislation. In
2000 the then Government put in place the Regulation of Investigatory Powers (Juveniles)
Order 2000 which established an enhanced set of safeguards in relation to the use
of juveniles as CHIS.</p><p>While investigators may wish to avoid the use of young
people as CHIS, we must recognise that some juveniles are involved in serious crimes,
as perpetrators and victims. Consequently, young persons may have unique access to
information that is important in preventing and prosecuting gang violence and terrorism.
This includes the troubling ‘county lines’ phenomenon which, along with the associated
violence, drug dealing and exploitation, has a devastating impact on young people,
vulnerable adults and local communities.</p><p>Those operating these powers have access
to extensive guidance to ensure that the powers are used appropriately and that juveniles
are suitably safeguarded. This includes the codes of practice and internal guidance.
By way of example the CHIS guidelines issued by the National Police Chiefs Council
runs to some 380 pages, which includes a chapter dedicated to Juvenile CHIS.</p><p>The
welfare of the CHIS is taken very seriously in any deployment and the code of practice
provides clear guidance on this issue saying at paragraph 6.13:</p><p><em>“Any public
authority deploying a CHIS should take into account the safety and welfare of that
CHIS when carrying out actions in relation to an authorisation or tasking, and the
foreseeable consequences to others of that tasking. Before authorising the use or
conduct of a CHIS, the authorising officer should ensure that a risk assessment is
carried out to determine the risk to the CHIS of any tasking and the likely consequences
should the role of the CHIS become known. This should consider the risks relating
to the specific tasking and circumstances of each authorisation separately, and should
be </em>updated to reflect developments during the course of the deployment, as well
as after the deployment if contact is maintained. The ongoing security and welfare
of the CHIS, after the cancellation of the authorisation, should also be considered
at the outset and reviewed throughout the period of authorised activity by that CHIS.”</p><p>Welfare
is even more important in cases involving young persons and the legislation requires
that any decision to authorise the use of a juvenile as a CHIS must be accompanied
by an enhanced risk assessment that takes into account the physical and psychological
welfare of the young person.</p><p>Additionally, in 2015 the National Police Chiefs
Council endorsed and published the National Strategy for the Policing of Children
and Young people. This strategy says <em>“It is crucial that in all encounters with
the police those below the age of 18 should be treated as children first. All officers
must have regard to their safety, welfare and well-being as required under S10 and
S11 of the Children Act 2004 and the United Nations Convention on the Rights of the
Child.”</em></p><p>Since 2000 the police and other public authorities have been applying
those safeguards on the rare occasions where juveniles have been deployed as CHIS.
Their use has been subject to the oversight of the Surveillance Commissioner and more
recently the Investigatory Powers Commissioner. The Commissioner, like his predecessors,
provides the guarantee of impartial and independent scrutiny of the use of these tactics.
In relation to Juvenile CHIS there is enhanced oversight with the former Chief Surveillance
Commissioner, Lord Judge, making clear during a debate on this issue in Parliament
on 18 July 2018 that <em>“...in relation to any CHIS activity involving juveniles,
the inspectors pay particular attention to see that the issues of welfare and so on
have been properly addressed”.</em></p><p>The Investigatory Powers Commissioner, and
previously the Surveillance Commissioner, is responsible for deciding what statistics
to collect and publish. Statistics on the number of juvenile CHIS authorisations or
the outcomes of cases in which they are used are not collected centrally or published
but we know, from discussions with investigators, that juvenile CHIS are authorised
in very small numbers as young people will not normally be deployed in this role unless
there is no other way to achieve the same result. Going forward, Lord Justice Fulford
will collect statistics on the number of juvenile CHIS in place and will consider
how this information and his oversight in this area can appropriately be included
in his annual reports in the future.</p><p> </p>
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