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This inquiry addresses police forces' use of RIPA powers to acquire communications data in the course of investigations. In two recent, high-profile cases, police have used RIPA powers to obtain material which might be regarded as journalistic material for the purposes of PACE. In the Metropolitan Police's Operation Alice (the investigation into the so-called "Plebgate" incident and subsequent events), the Metropolitan Police accessed a journalist's telephone records to establish whether the information provided to his newspaper might have emanated from within the MPS. In Kent Police's Operation Solar (the investigation into perversion of the course of justice by Constance Briscoe in relation to the trial of Rt Hon Chris Huhne and Vicky Pryce) the police used RIPA powers to obtain material from Associated Newspapers Limited (ANL) after an application by the police for access to the material under PACE had already failed because ANL had successfully claimed in court that journalistic privilege applied.
Out-of-court disposals (OOCDs) can provide the police with simple, swift and proportionate responses to low-risk offending, which they can administer locally without having to take the matter to court. As a quick and effective means of dealing with less serious offences, they enable police officers to spend more time on frontline duties and on tackling more serious crime. Additionally, OOCDs can often represent an effective response to offending that can focus on the needs of the victim. There are currently six ways in which offences can be addressed by the police without the matter proceeding to court (excluding no further action). These are: (i) Cannabis Warnings: a formal warning from a police officer for simple possession of cannabis for personal use; (ii) Fixed Penalty Notices (FPNs); (iii) Penalty Notices for Disorder (PND): an offender is offered the chance by a police officer to pay a fixed penalty of £50 or £80 to discharge liability for an offence and avoid a court appearance; (iv) Simple Cautions: a formal warning from a police officer following an admission of guilt; (v) Conditional Cautions: a caution with conditions attached. These are issued to tackle offending behaviour, provide reparation and enable compensation to be paid to victims, where appropriate. Failure to comply with the conditions will usually result in prosecution for the original offence; and (vi) Community Resolutions.
Since 2010 the Home Secretary has set out an ambitious plan for the new landscape of policing. However, more progress has to be made to declutter the landscape and ensure that the organisations created meet the rapidly evolving challenges facing 21st century policing. Force mergers are clearly back on the agenda. The College of Policing was a great idea that has both vision and purpose. However, numerous hurdles, weak foundations, and an unrepresentative board have hindered its ability to function to its full potential. In time, the College has the power to fashion a new concept of policing. For the local bobby, he or she needs a certificate of policing that is affordable, an oath that is binding and ethics that are ingrained within its DNA, and training that is practical, however at the moment none of this exists. The NCA has been a success, and has proved to be more responsive and more active than its predecessor SOCA, but it is not yet the FBI equivalent that it was hailed to be. Its reputation has been damaged by the unacceptably slow response to the backlog of child abuse cases sent to it by Toronto Police. The NCA must establish practical benchmarks against which its performance can be assessed. Its current asset recovery is not of a sufficient volume when set against its half a billion pound budget.
In 1998, the previous government abolished exit checks, paper-based embarkation records of passengers departing from the UK, because they were too resource intensive. Those universal exit checks were replaced by an intelligence-led approach, using CCTV and greater liaison between border agencies, port operators and transport carriers. This approach was subsequently superseded by the e-Borders programme, announced in February2005. The e-Borders programme has stalled and was "terminated" in March 2014 and that the Home Office would bereplacing individual systems, such as the Warnings Index and Semaphore, separately. At the moment, data for air passengers travelling in and out of the UK is sourced from carrier lists, known as Advanced Passenger Information (API). Air passengers buy tickets in advance and check in a reasonable time before departure, so API coverage is good, about 80% and increasing. Coverage is not so good for rail and ferry passengers, partly because of the ticketing systems and partly because customers can decide to travel, buy a ticket and have checked in at a time near to departure. Both the Minister and the Director General of Border Force have assured the Committee that 100% exit checks will be in place by 31st March 2015. To deliver exit checks, the Home Office needs to find a mechanism that can count all of the rail and maritime passengers as they depart the UK by the end of March. Exit checks will be carried out by the transport operators' staff, not Border Force. The Committee hope this can be delivered.
Contains a full account of administrative law in the context of social, political and economic forces shaping the law.
On 7 July 2014, the Home Secretary announced the establishment of an Independent Panel Inquiry to consider whether public bodies and non-state institutions had taken seriously their duty to protect children from sexual abuse. Baroness Butler-Sloss, former President of the Family Division of the High Court, was appointed Chair of the panel on 8 July, but she stepped down on 14 July after MPs and survivor groups expressed concerns about the possibility that the inquiry might have to consider decisions taken by her late brother, Sir Michael Havers, as Attorney General in the 1980s. Fiona Woolf CBE JP, the Lord Mayor of London, was appointed Chair on 5 September, but stepped down on 31 October after concerns were raised about her social contacts with Lord and Lady Brittan. On 4 February 2015, the Home Secretary announced plans to appoint Justice Lowell Goddard, a judge of the High Court of New Zealand, as the new Chair of the inquiry. She also announced that she would be dissolving the existing Panel and establishing a new, statutory inquiry under the Inquiries Act 2005. Prior to the announcement of the new proposed Chair, the Committee took oral evidence about the panel inquiry During those evidence sessions witnesses' views were heard on the Home Office's process for selecting candidates for the new chair. There were well-publicised problems with the appointment of the Panel, which resulted in the early resignation of two previous Chairs. It is important that a Chair is now appointed who will command the confidence of survivors
Calais is the closest entry point to the UK from Europe, with frequent ferry services to Dover, the Eurotunnel Shuttle service to Folkestone, and direct passenger trains to London St Pancras. About 10 million passengers and about £89 billion worth of UK trade pass through the port of Calais every year. A further 20 million passengers pass through the tunnel on Eurostar or the Shuttle. Most of the traffic is freight. Most of the passengers are British citizens on leisure trips. The growing number, and living conditions, of migrants in Calais, and the enhanced security measures brought in to counter them, have affected the residents of Calais, the reputation of the port of Calais, and the ease with which trade and traffic can pass between Britain and the Continent. The number of migrants at Calais has increased over 2014, from an estimated 1,300 in September, to about 2,500 by the end of October. The majority are from countries that have been affected by war or civil unrest. Most are men, and from Somalia, Sudan, Eritrea and Syria - in 2013 Syria overtook Afghanistan as the top country of origin of asylum-seekers in the world. Some of the migrants live in squats and small camps in the town of Calais, but most live in makeshift tents made out of plastic sheets and canvas, poorly constructed, located in empty industrial sites or woodland. The camps are not permanent and Calais is not the final destination, but a staging post for migrants wishing to enter the UK illegally. The UK cannot ignore the issues around Calais. While security in France is the responsibility of the French authorities, the UK operates juxtaposed border controls in Calais and Coquelles. These juxtaposed controls enable all border administration for entry to the UK to take place before passengers and vehicles leave France. Efficient management of queues and the ability to deliver on time are important, both to avoid disruption to carriers' timetables, and to avoid the excessive build-up of traffic on the surrounding road network. As well as ensuring the efficient and timely processing of travellers and freight, the border controls are needed to ensure the integrity of the UK border.
The London Metropolitan Police Service reported in 2012, that they had identified 259 violent youth gangs and 4,800 'gang-nominals' in 19 gang-affected boroughs. Also in 2012, Greater Manchester Police identified 66 Urban Street Gangs and estimated the total number of gang members across Greater Manchester to be 886. The Office of the Children's Commissioner's 2013 inquiry into child sexual exploitation in gangs and groups found that 2,409 children and young people were subject to sexual exploitation in gangs and a further 16,500 children at risk, using a survey period of August 2010-October 2011. 21 police forces in England identified that they had criminally active gangs operating in their area. In total, individual forces reported 323 gangs as being criminally active, with 16 being associated with child sexual exploitation. In London between March 2013 and February 2014, only six per cent of stop-and-searches were conducted on females. London, while experiencing the most gang-related violence of any area in the country, has obtained only fourteen gang injunctions.
Police bail, or pre-charge bail, is a tool that allows the police to continue an investigation without detaining the suspect in custody. The two common situations in which the police use pre-charge bail are: a) where there is insufficient evidence to charge a suspect, and the police wish to continue to investigate without keeping the suspect in custody; and b) where the police have passed the file to the CPS for a charging decision. Being arrested and held on bail is no indication of guilt. It means the police have acted upon a reasonable suspicion, carried out an arrest, and wish to continue to investigate the allegation without holding the suspect in custody. Pre-charge bail has been criticised because there are no limits on the length of time that someone can be bailed or the number of times they can be re-bailed, and the suspect cannot challenge the imposition of bail. This concern has led to two consultations, the first in March 2014 by the College of Policing on the operational use of pre-charge bail, introducing common standards and standardising use across all forces. The second consultation, initiated by Home Office in December 2014, is considering the introduction of statutory time limits on the use of pre-charge bail.
Media law is a fast-developing area of scholarship that raises many high-profile and controversial questions. Recent issues include the use of privacy injunctions, the regulation of the press, the political power of media moguls, mass leaks of government information, and the responsibility of the digital media to prevent the spread of extreme content and fake news. This study looks at these issues and the key debates in media law. The book includes chapters examining the protection of personal rights to reputation and privacy, the administration of justice, the role of government censorship, the protection of the newsgathering process, the regulation of the media and the impact of digital communications. The analysis is grounded in an account of media freedom that looks at the important democratic functions performed by the media and journalism. Examining various key themes, this study shows how those functions continue to evolve in a changing political culture and also how the media are subject to a range of legal and informal constraints. The book asks whether the law strikes the right balance in protecting media freedom while preventing the abuse of media power, and considers the future of media law in the digital era. It is essential reading for students and scholars of media law alike.