UK: Briefing on the Police Bill
01 November 1996
The Police Bill published at the end of October would:
1. Put the National Criminal Intelligence Service (NCIS) on a statutory basis (Part I).
2. Create a National Crime Squad (NCS) bringing together the existing Regional Crime Squads (Part II).
3. Allow Chief Constables, or their deputies, to authorise the entry on or interference with property (Part III).
4. Set up the Police Information Technology Organisation (PITO) (Part IV).
5. Allow the passing of criminal records to applicants and to registered bodies (Part V).
PART I National Criminal Intelligence Service (NCIS)
S.1 Puts the NCIS, founded in 1992, on a statutory basis (2.1) and creates a NCIS Service Authority of 19 members with powers to co-opt.
S.2 Defines the functions of the NCIS:
2.2.a: "to gather, store and analysis information in order to provide criminal intelligence"
2.2.b: to provide criminal intelligence to UK police forces and the NCS
2.2.c: and in support of "other law enforcement agencies carrying out their criminal intelligence activities."
2.3: defines "law enforcement agency" as including:
2.3.a: "any government department"
2.3.d: "any other person engaged outside the United Kingdom in the carrying out of activities similar to any carried out by the NCIS Service Authority, NCIS, a police authority, a police force, the NCS Service Authority or the National Crime Squad."
Other provisions: S.20.2: allows for "commercial sponsorship of any activity"; S.38: covers complaints to the Police Complaints Authority; S.42: provides penalties for "causing disaffection".
COMMENTS:
1. The role of the NCIS is not limited by these provisions to "serious crime" which is not mentioned.
2. The scope of "criminal intelligence" is not defined or limited.
3. Section 2.2.3.d: allows the NCIS to act in "support of" any police force or law enforcement agency anywhere in the world. In "support of" can be taken to mean both providing intelligence and seeking intelligence on the initiative of a third body.
4. No mention is made of data protection standards in this or any other context.
PART II The National Crime Squad
S.46 Sets up the National Crime Squad Service Authority of 17 members, with powers to co-opt and creates the NCS (47.1).
S.47 Defines the functions of the NCS:
47.2: "The function of the NCS shall be to prevent and detect serious crime which is of relevance to more than one police area in England and Wales." 47.3.d. enables it to co-operate "with other police forces in the UK".
47.3.e and 47.4.d: together allows the NCS exactly the same powers as the NCIS to act in "support of" any police force or law enforcement agency anywhere in the world.
There are similar provisions on complaints (S.81) and causing disaffection (S.85) as for the NCIS.
"serious crime" is not defined here but in Part III below.
PART III Authorisation of action in respect of property
S.89.1 "No entry on or interference with property or with wireless telegraphy shall be unlawful if it is authorised under this section."
S.89.2.a Allow the "authorising officer" to "authorise":
"the taking of such action, in respect of such property in the relevant area, as he may specify" or
S.89.2.b "the taking of such action in the relevant area as he may specify in respect of wireless telegraphy."
COMMENT:
At this point it is important to note the distinction being made between "interference with property" and "wireless telegraphy" (Wireless Telegraphy Act 1949, "wireless" can best be understood as literally without a "wire", eg: a "bug" or "video camera" which transmit information).
S.89.3 This clause defines the cases where authorisation can be given:
89.3.a: where it is "likely to be of substantial value in the prevention and detection of serious crime";
89.3.b: that the results "cannot reasonably be achieved by other means"
COMMENT:
See the stricte