CHAPTER 9: LAW ENFORCEMENT
(b)
The NCA made the practical point that obtaining dates for signings by the Home
Secretary could sometimes be difficult, particularly where renewals are
concerned.60
The NCA did add, however, that the current system has the desirable result of the
Home Secretary “seeing the detail of how serious crime looks on the street”. It also
pointed out the need for absolute security in the arrangements for the consideration
of warrants.
9.92.
The NCA made a strong pitch for extending serious crime warrants to six months (in
keeping with national security warrants), pointing out that a renewal application may
need to be prepared before it is clear what is going on (and that the application may
thus be of lower quality). A similar point was made by IOCCO in 2014,61 and echoed
by others.
Authorisation of communications data requests
SPoCs
9.93.
As to the authorisation of communications data requests, the police took a good deal
of pride in the SPoC system, which was said to be “the envy of many friendly
countries”. SPoCs to whom I spoke both in London and in Gloucestershire provided
independent input into the process in a motivated and conscientious manner, amply
bearing out the IOCC’s recent comment that “the SPoC process is a stringent
safeguard”.62 SPoCs’ knowledge of communications data, their relationships with
service providers and their role and impact within the investigating body are crucial to
obtaining the best effect from the use of the technique, and also for ensuring that it is
used with least collateral intrusion. Only SPoCs are allowed to approach service
providers for communications data using RIPA powers.
9.94.
Within law enforcement generally, it was felt that SPoCs should have strong
relationships with the investigators and this was more likely to happen where they
were part of the same organisation, working to the same goal (albeit with distinct and
independent responsibilities). Their effectiveness as a “guardian and gatekeeper”
could however diminish were they to become simply part the investigation team.
NAFN
9.95.
60
61
62
I did not detect any dissatisfaction on the part of local authorities with the role of NAFN,
which (confirming the impression derived from my own visit) was praised for its
proactive advice, invaluable expertise, willingness to give feedback and efficient
electronic communications. Its charging system, based on a fee per organisation and
a usage element, was perceived as fair. There was widespread acceptance of the
view that some minor users, whose technical skills are intermittently used and not
Other commitments can mean that changes are made to dates that impact on whether it is possible to
renew the warrant at the three-month mark, meaning that a renewal is brought forward to comply with
legislation.
IOCC Report, (April 2014), para 3.44.
IOCC Report, (March 2015), para 7.46. The IOCC added at 7.47 that “approximately 20% of
applications are returned to the applicants by the SPoC for development or improvement.”
186