The Covert Human Intelligence Sources (Criminal Conduct) Bill 2020 – Garden Court Chambers

‘The Government recently submitted the Covert Human Intelligence Sources (Criminal Conduct) Bill to Parliament. This Bill seeks to put the ability of undercover operatives to commit criminal offences in the course of their deployment on a statutory footing. It will be achieved by amending the Regulation of Investigatory Powers Act 2000 (RIPA) to allow a diverse range of state agencies to authorise their Covert Human Intelligence Source (CHIS) to commit criminal offences where necessary for protecting national security, preventing or detecting crime or disorder, or protecting the economic wellbeing of the UK. This will have the effect of making such activity “lawful for all purposes”, which, without providing so explicitly, effectively means full civil and criminal immunity for those who act within the terms of the authorisation.’

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Garden Court Chambers, 8th October 2020