to the successful outcome of casework. Despite the above successes it is perhaps
inevitable that some mistakes will be made, especially when public authorities are
dealing with large volumes of communications data in complex investigations.
Overall the error rate is low and indeed minute when compared to the huge number
of requests which were received by the CSPs during the course of the reporting
year.
3.30 The urgent oral process should only be used when a person’s life might be
endangered if the application procedure were to be undertaken in writing from
the outset, or when an opportunity to make arrests, or seize illicit material may
be lost. It is also accepted that police forces will need to use the urgent oral
process when dealing with sudden deaths, serious injuries and vulnerable persons
if undertaking the application process in writing from the outset would cause
unnecessary suffering and trauma to the next of kin.
3.31 Good use is being made of the urgent oral process to acquire communications
data when there are immediate threats to life. Usually this applies when vulnerable
or suicidal persons are reported missing but the process is also used in kidnap
situations or in other crimes involving serious violence. During a six month period
the 33 police forces and law enforcement agencies which were inspected last year
used the urgent oral process on approximately 8,245 occasions. Mainly it was
used in connection with enquiries involving immediate threats to life. This is
an important facility, particularly for police forces, and the interaction between
relevant police staff and CSPs saves lives across the country on a continuous
basis. Marked improvements were found in the management of the process and
the quality of the record-keeping in comparison with previous years. There is
no obvious explanation for the large increase in resort to the urgent oral process
as compared with last year. The recommendations from the previous inspections
were implemented and as a consequence better standards are being achieved.
3.32 It is estimated that well over 80% of the requests for communications data
are for subscriber information and they can only be approved by an Inspector or
above. The requests for the more intrusive types of communications data must be
approved at Superintendent level or above. The inspections have established that
generally a good level of independence and objectivity exists in the approvals
process and generally designated persons in police forces and law enforcement
agencies are discharging their statutory responsibilities effectively. Each
application must be vetted by an accredited officer before it is submitted to the
Designated Person for approval.
3.33 During the reporting year the National Policing Improvement Agency
(NPIA) took over responsibility for the training and accreditation of SPoC staff. I
still believe it is very important that all staff who are involved in the acquisition of
communications data are well trained and that they maintain their skills levels to
the best possible standards. My Inspectorate has a very close working relationship
with ACPO DCG and senior policymakers in the Home Office who formulate
policy and co-ordinate all matters relating to communications data with public
authorities, industry and other external agencies such as the NPIA. A new SPoC
accreditation course has been developed by the NPIA and this focuses much more
upon the practical elements of acquiring communications data and the role and
responsibilities of the accredited staff who play a key role in ensuing every public
authority acts in an informed and lawful manner. My Chief Inspector and one of
the Inspectors met the NPIA during the development stages and the good practice
which we have uncovered during the inspections has been taken into account.
3.34 Under the Code of Practice I have the power to direct a public authority
to provide information to an individual who has been adversely affected by any
wilful or reckless failure to exercise its powers under the Act. So far it has not been
necessary for me to exercise this function but there is no room for complacency
and each police force and law enforcement agency understands that it must strive
to achieve the highest possible standards. Relevant staff in police forces and
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