amount to a criminal offence. Conviction may lead to an imprisonment for a
term not exceeding two years and/or a fine (s. 10(1) of the OSA).
29. Further, a member of the Intelligence Services commits an offence if he fails
to take such care, to prevent the unauthorised disclosure of any document or
other article relating to security or intelligence which is in his possession by
virtue of his position as a member of any of those services, as a person in his
position may reasonably be expected to take. See s. 8(1) of the OSA, as read
with s. 1(1). Conviction may lead to an imprisonment for a term not exceeding
three months and/or a fine (s. 10(2) of the OSA).
RIPA/ISA Codes of Practice
30. As noted above at paragraph 18, BPDs may be obtained, inter alia, pursuant to
warrants/authorisations issued under RIPA or ISA. The relevant statutory
regimes themselves contain published safeguards (in relation to acquisition,
retention, storage and destruction of material)) which are found in the
following published Codes of Practice:
(a) Covert Human Intelligence Sources Codes of Practice (2002, 2010, 2014):
(a) Tests of necessity and proportionality in relation to:
(i) Applications for and the granting of CHIS authorisations under Part II of
RIPA: 2002 Code: §§2.4-2.5, §4.14; 2010 Code: §2.9, §§3.2-3.5, §§5.1-5.2,
§5.10; 2014 Code: §§3.4-3.5.
(ii) Renewal/cancellation of CHIS authorisations: 2002 Code: §4.19, §4.25;
2010 Code: §3.12, §3.14, §5.15, §5.18; 2014 Code: §3.14, §3.16, §5.16,
§5.18, §5.22, §5.28.
(b) Requirement to consider potential collateral intrusion: 2002 Code: §§2.62.8, §4.19; 2010 Code: §§3.8-3.11, §3.14, §5.10, §5.15; 2014 Code: §§3.83.11, §3.16, §3.22.
(c) Safeguards in respect of disclosure, handling, copying and retention of
intercepted material: 2002 Code: §2.17; 2010 Code: §8.1; 2014 Code: §8.1;
destruction: 2002 Code: §2.17; 2010 Code: §8.1; 2014 Code: §8.1.
(b) Covert Surveillance and Property Interference Codes of Practice (2002,
2010 and 2014):
(a) Tests of necessity and proportionality in relation to:
(i) Applications for covert / intrusive / directed surveillance warrants under
Part II of RIPA/property interference warrants under s.5 ISA: 2002 Code,
§§2.4-2.5, §2.10, §§4.9-4.10, §§5.8-5.9, §5.16, §§6.6-6.7; 2010 Code, §§3.33.6, §5.8, §§6.3-6.4, §6.19, §§7.10-7.11, §§7.37-7.38; 2014 Code, §§3.3-3.6,
§5.8, §§6.3-6.4, §6.19, §6.30, §§7.10-7.11, §7.38.
60