Full text of 1984 Guidelines on "bugging"
01 January 1991
Full text of 1984 Guidelines on "bugging"
bacdoc February=1997
The Home Office issued the following Guidelines in December 1984
after the passing of the Police and Criminal Evidence Act 1984
(PACE)
GUIDELINES ON THE USE OF EQUIPMENT IN POLICE SURVEILLANCE
OPERATIONS
[1984]
1. GENERAL
Surveillance equipment has a valuable role to play in many police
operations, and the police have a duty to employ appropriate
surveillance measures where necessary for the prevention and
detection of crime. But it must also be recognised that the use
of equipment In police surveillance operations may involve
encroachment on privacy. The circumstances In which the
equipment is used are generally the key factor In determining
public attitudes. Most concern is directed towards the use of
equipment In circumstances where targets of surveillance might
reasonably assume a high degree of privacy, for example in their
homes or In a hotel bedroom. Surveillance of public places, for
example shopping precincts or football grounds, if undertaken
responsibly, is usually less contentious, But the Increasing
sophistication of equipment enhances the need for sensitivity at
all times In its use. Careful consideration at a senior level
in the police service therefore needs to be given In each case
to all the circumstances of the particular investigation or
operation before the use of equipment for surveillance operations
is authorised.
Regional Crime Squads
2. The use of technical equipment by a Regional Crime Squad
may have repercussions for the force in whose area it is used.
Existing arrangements between each chief officer and the
appropriate Regional Crime Squad organisation should be continued
to ensure that the procedures for the authorisation of the use
of equipment in surveillance operations and the keeping of
records comply with these guidelines.
Ranks
3. In the application of these guidelines to the Metropolitan
Police, references to the chief officer are to be read as
references to an Assistant Commissioner and those to an Assistant
Chief Constable as references to a Deputy Assistant Commissioner
or Commander as appropriate. All references to the holders of
a particular rank include officers performing the duties of that
rank in an acting or temporary capacity.
II. COVERT USE OF LISTENING DEVICES
Principles
4. In each case in which the covert use of a listening device
is requested the authorizing officer should satisfy himself that
the following criteria are met:
a) the Investigation concerns serious crime (except where the
last sentence of paragraph 7 applies);
b) normal methods of investigation must have been tried and
failed, or must, from the nature of things, be unlikely to
succeed if tried;
c)there must be good reason to think that use of the equipment
would
be likely to lead to an arrest and a conviction, or where
appropriate,
tothe prevention of acts of terrorism;
d)use of equipment must be operationally feasible.
5. In judging how far the seriousness of the crime under
investigation justifies the use of particular surveillance
techniques, authorizing officers should satisfy themselves that
the degree of intrusion into the privacy of those affected by the
surveillance is commensurate with the seriousness of the offence.
Where the targets of surveillance might reasonably assume a high
degree of privacy, for instance in their homes, listening devices
should be used only for the investigation of major organised
conspiracies and of other particularly serious offences,
especially crimes of violence.
6. The covert use in operations of listening, recording and
transmitting equipment (for example microphones, tape recorders
and tracking equipment) requires the personal authority of the
chief officer.
7. This authority should not be delegated except in certain
categories of case, where there is a degr