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Crime Solicitors

College of Policing issues guidance on ethical undercover policing (30 June 2016)

Date: 30/06/2016
Duncan Lewis, Crime Solicitors, College of Policing issues guidance on ethical undercover policing

The College of Policing has issued guidelines outlining how undercover policing should be used to gather legal evidence and intelligence.

The college is the professional body for the police and published undercover policing Authorised Professional Practice – which is national guidance – for a six-week consultation, before the final version is released later in 2016.

There are two types of undercover operative – an undercover foundation operative carries out low-level infiltration that does not require the ability to withstand intense scrutiny by people who are potentially suspicious, for example, buying drugs on the street.

An undercover advanced operative is trained to undertake deployments involving higher-level infiltrations and they must be able to withstand intense scrutiny from anyone who may be suspicious, for example, in counter-terrorism work.

Undercover policing is used by forces across England and Wales – the draft guidance says undercover operatives can only work once they have been accredited by the professional body, which involves going through a selection process and undergoing vetting and specialist training.

The guidance also sets out clearly the roles and responsibilities of police officers – from those who are deployed on operations, to those who supervise and manage undercover officers and authorise operations.

The guidance also describes the roles of other external scrutiny arrangements such as the Office of Surveillance Commissioners and the courts.

There has been controversy in recent years about how undercover officers (UCOs) operate, with some using the identities of deceased children as cover – or forming sexual relationships with those under surveillance to obtain evidence.

The draft guidance states:

“It is never acceptable for a UCO to form an intimate sexual relationship with those they are employed to infiltrate and target, or may encounter during their deployment.

“This conduct will never be authorised, nor must it ever be used as a tactic of a deployment.”

Publication of the guidance is intended to allow the public to see the arrangements to manage undercover policing – and give confidence that these arrangements are robust and built on experience.

The draft guidance has an emphasis on the welfare of those working undercover – and foundation operatives will undergo a personality assessment by a psychologist to understand a candidate's motivation and suitability to the role.

Advance operatives undergo a one-to-one psychological assessment with a psychologist or psychiatrist to identify any risk to their wellbeing.

The college says that police officers themselves, their supervisors and managers all have a role in supporting those who operate in this high-stress work and the guidance makes this clear.

College of Policing CEO, Chief Constable Alex Marshall, said:

“Undercover policing is an essential tactic used by police forces to protect the public, save lives and bring serious and organised criminals to justice.

”The job of an undercover operative is dangerous, so any authorisation must be done by an assistant chief constable – and any operation lasting longer than 12 months needs to be approved by the chief constable.

”By publishing the vast majority of the guidance – withholding only operational tactics which would no longer be viable if shared – we want the public to see the measures we have in place to ensure undercover policing is used in a way that is proportionate, lawful and ethical.”


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