This amendment establishes a prohibition on the authorisation of serious criminal offences, in similar terms to that appearing in the Canadian Security Intelligence Service Act.
In clause 1(5) insert a new sub-section 29B(8A) as follows:
“(8A) A criminal conduct authorisation may not authorise any criminal conduct:
(a) intentionally causing death or grievous bodily harm to an individual or being reckless as to whether such harm is caused;
(b) involving an attempt in any manner to obstruct or pervert the course of justice;
(c) amounting to an offence under the Sexual Offences Act 2003, the Sexual Offences (Scotland) Act 2009 or any offence listed in Schedule 3 to the Sexual Offences Act 2003;
(d) subjecting an individual to torture or to inhuman or degrading treatment or punishment, within the meaning of Article 3 of Part 1 of Schedule 1 to the Human Rights Act 1998; or
(e) depriving a person of their liberty, within the meaning of Article 5 of Part 1 of Schedule 1 to the Human Rights Act 1998.”
This amendment clarifies who can be authorised to commit criminal offences.
In clause 1(5), omit new section 29B(8)(b) and replace with the following:
“(b) consists in conduct–
(i) by the person who is so specified or described as the covert human intelligence source to whom the authorisation relates, or
(ii) by another person holding an office, rank or position within the public authority making the criminal conduct authorisation, which assists or encourages criminal conduct by the covert human intelligence source to whom the authorisation relates; and”
This amendment prohibits the authorisation of criminal conduct by children.
In clause 1(5) at page 2, line 11, insert new sub-section 29B(2A) as follows:
“(2A) A criminal conduct authorisation may not be granted in relation to a covert human intelligence source who is under the age of 18”
This amendment limits the use of criminal conduct authorisations to protecting national security and preventing crime.
In clause 1(5):
In new section 29B(5)(a) insert “or” after “national security;”
In new section 29B(5)(b) omit “or of preventing disorder; or” and replace with “.”
Omit new section 29B(5)(c)
This amendment restricts the power to authorise criminal conduct to public authorities whose core function is protecting national security and fighting serious crime
In clause 2(9): omit E1 to N1
This amendment imposes a requirement for prior judicial approval of CCAs (with provision for urgent cases).
In clause 1(5) insert a new sub-section 29B(1A) as follows:
“(1A) Authorisations granted under this section require judicial approval in accordance with s.29C”
In clause 1(5), after new section 29B, insert a new section 29C as follows:
““29C Approval for criminal conduct authorisations
(1) This section applies where an authorisation has been granted under section 29B.
(2) Unless the authorisation is an urgent authorisation, the authorisation has no effect until such time (if any) as a Judicial Commissioner has approved the grant of the authorisation.
(3) If the authorisation is an urgent authorisation:
(a) it is effective when granted; but
(b) the authorisation will cease to have effect if it is not approved by a Judicial Commissioner in accordance with this section within 48 hours of being granted.
(4) A Judicial Commissioner may give approval under this section to the granting of an authorisation under section 29B if, and only if, the Judicial Commissioner is satisfied that—
(a) at the time of the grant the person granting the authorisation had reasonable grounds to believe that the requirements of 29B(4), and any requirements imposed by virtue of section 29B(10), were satisfied in relation to the authorisation;
(b) at the time when the Judicial Commissioner is considering the matter, there remain reasonable grounds for believing that the requirements of section 29B(4), and any requirements imposed by virtue of section 29B(10), are satisfied in relation to the authorisation; and
(c) the authorisation granted does not authorise conduct that is incompatible with any Convention rights.
(5) A Judicial Commissioner may only give approval to the granting of an urgent authorisation if the Judicial Commissioner is also satisfied that at the time of the grant the person granting the authorisation had reasonable grounds to believe the authorisation must be granted immediately to avoid loss of life or to avoid the investigation or operation referred to in section 29B(8)(c) being jeopardised.
(6) In this section—
“Convention rights” has the meaning given in section 1(1) of the Human Rights Act 1998;
“Judicial Commissioner” has the meaning given in section 227 of the Investigatory Powers Act 2016; and
“Urgent authorisation” means an authorisation under s29B that the person granting it believes must be granted immediately to avoid loss of life or to avoid the investigation or operation referred to in section 29B(8)(c) being jeopardised. (unless the need for the authorisation to be granted immediately has arisen as a result of fault by the authorising public authority)”
Published: 10 November 2020