Simon McKay – författare

Following the much publicised Mark Kennedy case, the question of the necessity and proportionality of covert police operations has been widely debated. At the same time, the use of covert tactics is becoming more widespread and is a feature of routine as well as more serious cases. It is a fast changing area of law which is notoriously opaque and esoteric. This new edition of Covert Policing: Law and Practice provides clear, up to date guidance on this complex topic and is an essential resource for practitioners working on cases involving covert operations. This book provides a comprehensive review of the law governing covert policing activities. It sets out the framework within which covert policing operations should be planned and managed to enable practitioners working for either the defence or prosecution to critically consider the legality and propriety of evidence obtained in cases where covert policing resources have been deployed, including applications for Public Interest Immunity. The text places considerable emphasis on the need for a proper methodology of approach to the Regulation of Investigatory Powers Act 2000 and other legislation affecting this area. It examines the statutory and procedural requirements relating to covert policing deployments, from the interception of communications and directed and intrusive surveillance resources, through to the use and conduct of covert human intelligence sources. It examines the oversight mechanisms that exist to protect those subjected to invasions of privacy without the proper criminal or civil processes and covers recent developments arising from the Protection of Freedoms Act, Data Retention and Investigatory Powers Act, secret hearings, the Mark Kennedy case and revelations concerning mass interception. Written in a way that seeks to highlight the effect of the legislation and the principles emanating out of the case law, this book is an essential resource for practitioners engaged in cases where covert policing issues are likely to arise. It will also be of assistance to those working for the police and other public authorities authorised under the Regulation of Investigatory Powers Act 2000 to carry out surveillance and other covert activities.

This text provides a clear and accessible introduction to the Investigatory Powers Act, a foundational piece of UK national security law. This act repeals part I, chapters 1 and 2 of the Regulation of Investigatory Powers Act 2000 and other surveillance legislation. This new legislation is the blueprint for how state agencies, the police, and internet and telephone companies protect privacy and extract data and information to protect the public from terrorism and is used to prosecute serious criminals.This legislation implements some parts of the recent comprehensive report by David Anderson QC, A Question of Trust: Report of the Investigatory Powers Review, it will put the Data Retention and Investigatory Powers Act 2014 on a substantive footing and attempt to bring existing legislation up to date to reflect technological advances. The passage of the bill was highly controversial and subject to considerable public criticism by the media and civil liberties and human rights groups as well as lobbying by insiders from the Security Service, the Secret Intelligence Service, GCHQ and the police. The Joint Committee on the Draft Investigatory Powers Bill criticised the Bill's definition of 'data' as "unclear, unhelpful, and recursive" and expressed concerns about the meaning of the term 'Internet Connection Record' as well as the Home Secretary's failure to make sufficient case as to the feasibility of their collection, retention, and use by law enforcement. All of these issues indicate the questions that practitioners will have to face when In the absence of other sources of reliable interpretation for practitioners, this Blackstone's Guide is essential in helping readers navigate and understand the new and complex set of provisions.