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IPCO Annual Report 2017
of members of public acting on their behalf; (iv) the reliability of the CHIS and whether
corroborating material should be obtained; and (v) any financial payments to the CHIS.
3.6
Using CHIS can be contentious. There has been a significant debate about the propriety of
inducing individuals to provide intelligence or evidence in circumstances when many would
expect, or hope, that the public would simply volunteer their knowledge of criminal activity.
There has also been significant public disquiet at suggested incidents of impropriety by some
undercover police officers. The Undercover Policing Inquiry for England and Wales, chaired
by a former High Court Judge, Sir John Mitting, will report on undercover police operations
conducted by English and Welsh police forces since 1968. IPCO will provide all possible
assistance to the Inquiry.
3.7
Her Majesty’s Inspectorate of Constabulary in Scotland (HMICS) conducted a Strategic Review
of Undercover Policing in Scotland which we assisted. The review did not find any of the
disputed practices that are the principal focus of the UCP Inquiry. It did, however, make a
number of recommendations aimed at improving Police Scotland’s capability, training and
governance structures. The Force accepted all the recommendations.4
3.8
CHIS participation in criminality may also be seen as controversial. It is considered that to
be effective sources of intelligence and to protect their identity, CHIS may need to participate
in crime, for example by joining a proscribed organisation. This activity, together with the
justifications advanced for it, will be a particular focus of attention for the IPC over the next
12 months.
Statistics on the use of these powers
3.9
The previous annual report of the Chief Surveillance Commissioner reported statistics for the
financial year 2016-2017. During the present transition period we have collected statistics
for the subsequent three quarters covering 1 April to 31 December 2017. In the analysis that
follows, when it is helpful to facilitate comparisons with previous years, we have given an
‘annualised’ figure.5
3.10
There were 2,080 CHIS authorisations (excluding relevant sources) by LEAs, local authorities
and other public authorities (OPAs, such as government regulators) for the period 1 April to
31 December 2017. On an ‘annualised’ basis, that represents 2,773 authorisations compared
to 2,3866 for the 2016-2017 period, as reported by the OSC. This may be greater than recent
numbers but it remains significantly lower than the 4,000 plus annual CHIS authorisations
commonly reported prior to 2014.
4
5
6
https://www.hmics.scot/publications/strategic-review-undercover-policing-scotland
Individual public authorities provided figures to the OSC for the first quarter of 2017 in the form of a consolidated twelve-month
financial year figure (01/04/16–31/03/17). It is impossible to separate these figures from the statistics as previously gathered.
Therefore, to give comparable annual totals we have simply multiplied the total for the three quarterly periods 01/04/17–31/12/17
by 133%, to make it – albeit to an extent artificially – equivalent to four quarters. This is, therefore, only indicative of the whole of 2017
and cannot be relied upon as a precise figure.
LEAs, local authorities and OPAs