UK: NCIS "secret" agreements
01 November 1995
It has been revealed that a series of agreements between the National Criminal Intelligence Service (NCIS) and the six police Regional Crime Squads (RCS) have been concluded without the involvement of police authorities. After representations the Home Office has agreed that future drafts will be referred to the Standing Committee - which includes local police authorities representatives.
So far three agreements have been signed between the NCIS and the RCSs: 1) on 29 September 1994 the Crime Committee of the Association of Chief Police Officers (ACPO) approved an agreement between the RSCs and the "Operations Support Unit (OSU)" of the NCIS. The OSU processes all requests by police forces in England and Wales for warrants from the Home Secretary to tap telephone and/or to open mail under the Interception of Communications Act 1985. In March 1995 the OSU had 49 staff in post (out of a total 262 NCIS HQ staff) which gives an indication of the growth of telephone tapping as a means of police intelligence gathering; 2) on 1 December 1994 the ACPO Crime Committee approved an agreement between the RCSs and the International Projects Unit (IPU) of NCIS. The IPU is concerned with "the activities of UK criminals who are either resident abroad or who travel overseas and are actively involved in criminal enterprises affecting the UK. Predominantly the work is concerned with major drug trafficking offences" (NCIS annual report 1994/5). It has, by comparison, 9 staff.
The third agreement is the "Service level agreement" between the NCIS and the RCSs adopted on 15 March 1995. Under the agreement the NCIS undertakes to provide: "high quality intelligence packages" on "persons suspected of serious criminality"; photographic and video images and financial research; a "secure flagging service" (which alerts those searching databases); and access to the NCIS intelligence database. For their part the RCSs provide: "mobile surveillance"; "sensitive technical surveillance equipment"; and "allow access to undercover operatives".
The agreement ends with a clause regarding:
"very often, sensitive material as defined in the "Unused Material Procedures" for disclosure of material to the defence. It is therefore likely to be subject to the concept of public interest immunity and whenever this material features in a prosecution, notification must immediately be given to an appropriate NCIS representative. No part of any such sensitive material will be disclosed to the defence without prior consultation with NCIS management" (para 8.2)
Service level agreement between the National Criminal Intelligence Service (Regional Offices) and the Regional Crime Squads of England and Wales, 15.3.95.