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Chapter 9 Legal Issues

Below are the questions and indicative answers to Covert Surveillance Theory by each chapter.

 

If you are taking the assessments for the Level 4 NQF qualifications in surveillance, you are advised not to copy and paste these answers into your workbook. It will be easily noticed if you do, and you will be struck off for plagiarism.

 

Only the indicative content is included, not the complete answers, therefore you will have to answer your questions in full to level 4 standard.

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Chapter 9 Questions – Legal Issues

 

Tracking

 

1. Explain why you should initially not go on someone’s private driveway in order to deploy a tracking device on a vehicle.

 

  • Compromises

  • Civil trespass

 

2. With reference to the deployment of trackers, explain the case law that exists that ‘permits’ trespass if you consider proportionality and necessity.

 

  • Proportionality

  • Necessity

  • William Jackson

  • Environment Agency

  • Trespass

  • Civil Tort

  • Not Criminal

  • Damage

  • Health & Safety

 

3. Explain how you should treat a downloaded copy of a tracking route data file in respect of privacy.

 

  • Data Protection Act

  • Principles

  • Security

 

4. Explain who has to adhere to the Home Office, ‘Covert Surveillance and Property Interference Code of Practice’ (Pursuant to section 71(4) of the Regulation of Investigatory Powers Act 2000).

  • Security Service

  • Authorities

  • Enforcement agencies

  • Public bodies

 

5. Explain where you can obtain a policy document on the use of tracking devices.

  • Association of British Investigators

  • Office of Surveillance Commissioners

  • Legislation

 

Human Rights

6. Explain Article 8 of the Human Rights Act 1998.

  • European Convention of Human Rights

  • HRA 1998

  • Article 8

  • Qualified Rights

  • Privacy

  • Private & family life

  • Home & correspondence.

  • No interference

  • Public Authority

 

7. Identify under which legislation a Public Body has to obtain authority to conduct covert surveillance.

 

  • Regulation of Investigatory Powers Act 2000

  • Human Right Act 1998

 

8. Give examples of who has to comply and who doesn’t have to with this legislation?

 

  • Public bodies

  • Local Authorities

  • Private individuals

  • Professional witnesses

  • Contractors

 

9. Identify under the code of practice drawn from the above Act, what are the two types of surveillance and explain the difference between the two.

 

  • Directed

  • Intrusive

  • Covert

  • Personal & private information

  • Specific investigation

  • Reacting to events

  • Surveillance device

  • In property

  • In vehicles

 

10. State where can you obtain copies of RIPA authorisation forms.  

 

  • Internet

  • County police websites

 

11. Specify under what four provisions surveillance is authorised under RIPA 2000.

 

  • Authorised

  • Necessity

  • Proportionality

  • Collateral Intrusion

  • Public Safety

  • In the interests of national security

  • Economic well-being

  • Prevention & detection of crime

  • Public safety or public health

  • Tax or charges payable to government

 

Data Protection

 

12. Explain who has to comply with the Data Protection Act 2018.

 

  • Data

  • Electronic

  • Paper

  • Anyone

  • Collecting

  • Storing

  • Retrieving

  • Data

  • Personal & private information

  • Living

  • GDPR

 

13. State how long a surveillance report, log and video footage are retained for.

 

  • Safe & secure

  • No longer necessary

  • Clients Policy

 

Log Keeping

 

14. With reference to the acronym (NO) ELBOWS, identify the general rules should you follow in order to preserve the integrity of what is written when recording your observations in a log or notebook.

 

  • Erasures

  • Loose leaves

  • Blank lines

  • Overwriting

  • Writing between lines

  • Separate pieces of paper

 

15. Identify when should we write or record a note of our observations?

 

  • Contemporaneous

  • As soon as practically possible

  • Log keeper

 

16. Specify what document supports your surveillance log to make it legally binding and allows it to be used in evidence.

 

  • Statement of truth

  • Criminal Justice Act

  • Section 9 witness statement

  • Exhibits

 

17. With reference to the acronym ADVOKATE and consideration of the case of R v Turnbull 1976, what important considerations have to be made in respect of the accuracy of reporting and log keeping?

 

  • ADVOKATE

 

18. Identify why there is a special need for caution when obtaining eye-witness testimony or giving evidence.

 

  • R v Turnbull 1976

  • Need for caution

  • Single witness

  • Multiple witness

  • Inconsistencies

  • Contradictions

 

19. How would you describe a person (using the ‘A to J’ method)

 

  • A,B,C,D,E,F,G,H,I,J

  • I.C Codes

 

Digital Imagery

 

20. Explain a continuity audit trail and the process of retaining the original data with reference to digital images.

 

  • Format media

  • Check & test

  • Set clocks

  • Take images

  • Never delete

  • Transfer to master copy

  • Working copy

  • Edited copies

  • Retain

  • Exhibits

  • DPA retention

  • Disposal

 

21. Explain the difference between Integrity Verification and Authenticity.

 

  • Integrity

  • Complete

  • Unaltered

  • Audit trail

  • Authenticity

  • Adjustments

  • Accurate representation

  • Place

  • Time

22. Explain why it is important not to delete unwanted or irrelevant images that you have taken on a surveillance.

 

  • Integrity

  • Audit trail

  • Cross examination

  • Test shots

 

23. Explain what you should be cautious of when taking ‘test’ shots with a camera.

 

  • Sensitive information

  • People

  • Places

  • Third parties

  • Collateral intrusion

 

End of Chapter Answers.

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