Regulation of Investigatory Powers Act 2000 (c. 23)

Part II U.K. Surveillance and covert human intelligence sources

Modifications etc. (not altering text)

C1 Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3

Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)

C2 Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))

C3 Pt. 2: power to amend conferred (1.11.2022 for specified purposes) by 2006 c. 52, s. 340P(5)(a) (as inserted by Armed Forces Act 2021 (c. 35), ss. 11(3), 24(1); S.I. 2022/1095, reg. 3)

Authorisation of surveillance and human intelligence sources U.K.

[F1 29C Criminal conduct authorisations: safeguards for juveniles U.K.

(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

(c) the person believes that appropriate arrangements for meetings are in force.

(4) For the purposes of subsection (3)(a), “an appropriate risk assessment” means an assessment which—

(a) 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; and

(b) is carried out in accordance with provision made by the Secretary of State by regulations under this paragraph.

(5) In subsections (3)(b)(i) and (4)(a), “harm” means—

(a) physical injury; or

(b) psychological distress.

(6) For the purposes of subsection (3)(c), “appropriate arrangements for meetings” are such arrangements for the juvenile source's case as are necessary for ensuring—

(a) 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

(b) that, at all times when the juvenile source is 16 or 17 years old, there will be a relevant person who will have responsibility for—

(i) 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, other than any such meeting in relation to which a relevant person decides there are circumstances which justify the absence of an appropriate adult, and

(ii) maintaining a record of the reasons for each such decision that there are circumstances in relation to a meeting which justify the absence of an appropriate adult.

(7) In subsection (6)—

• “appropriate adult”, in relation to a juvenile source, means—

  (a)

  the parent or guardian of the juvenile source; or

  (b)

  any other person who—

  (i)

  has for the time being assumed responsibility for the juvenile source's welfare, or

  (ii)

  is otherwise qualified to represent the interests of the juvenile source;

• “relevant investigating authority”, in relation to a juvenile criminal conduct authorisation, means the public authority, or (as the case may be) one of the public authorities, for whose benefit the activities of the juvenile source as a covert human intelligence source are to take place;

• “relevant person”, in relation to a juvenile criminal conduct authorisation, means a person holding an office, rank or position with a relevant investigating authority in relation to the authorisation;

and in this subsection, “guardian”, in relation to a juvenile source, has the same meaning as “guardian of a child” in the Children Act 1989 (see section 105 of that Act).

(8) No provision made by or under this section affects the power to make additional provision by order under section 29B(4)(c) or (10) in relation to the grant of a juvenile criminal conduct authorisation.]

Textual Amendments

F1 S. 29C inserted (10.8.2021 for specified purposes, 15.9.2021 for specified purposes, 30.9.2021 in so far as not already in force) by Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4), ss. 2(1), 9(2); S.I. 2021/605, reg. 2(a)(b)(c)