Covert Policing: Law and Practice, by Simon McKay
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Covert Policing: Law and Practice, by Simon McKay
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Following the much publicized 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 in the UK. 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 defense 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 Investigator 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 authorized under the Regulation of Investigatory Powers Act 2000 to carry out surveillance and other covert activities.
Covert Policing: Law and Practice, by Simon McKay- Published on: 2015-05-06
- Original language: English
- Number of items: 1
- Dimensions: 6.60" h x 1.20" w x 9.80" l, .0 pounds
- Binding: Hardcover
- 432 pages
Review "This is certainly not the only book available that discusses the wider implications of RIPA, but it is the most up to date and the best." --CrimeLine 18/04/2011
About the Author Simon McKay, Solicitor AdvocateSimon McKay is a solicitor advocate with Petherbridge Bassra solicitors. He was formerly a legal adviser to the government, where he initially advised on legal issues arising out of Irish terrorism and serious crime matters and after 9/11, international terrorism. He specializes in criminal law and human rights, with particular emphasis on covert policing and terrorism. He is widely published in Criminal Law Review, European Human Rights Law Review, Judicial Review and The Journal of Criminal Law.
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0 of 0 people found the following review helpful. A revealing study By Phillip Taylor MBE COVERT POLICING: THE LEGALITIES AND ILLEGALITIES OF OUR EMERGING SURVEILLANCE SOCIETY REVEALED IN THIS NEW EDITIONAn appreciation by Phillip Taylor MBE and Elizabeth Taylor of Richmond Green ChambersThe title of this book refers to covert, in other words, undercover policing which inevitably encompasses the activities of the intelligence services, mainly MI5 and GCHQ.The subject matter of course is the legal framework in which these activities may be carried out. The resulting legal landscape with its in-built tensions, controversies and conundrums is nothing if not complex, as revealed in this book now in its second edition from the Oxford University Press and written by Simon McKay.Speaking of controversies, the book contains much discussion of -- and detailed examination of RIPA -- the Regulation of Investigatory Powers Act 2000, a controversial piece of legislation, ‘anticipatory’ in its day – and in the words of some practitioners, “a disgrace”.RIPA has certainly engendered some strong opinions, often unfavourable, including the criticism that under the Act, powers of surveillance given to the state are too substantial.Via references to cases throughout, accompanied by incisive commentary, the book explains what these powers are and, for the most part, views with alarm, the emergence of what might become (or has become already) ‘the surveillance society.Discussed and examined both extensively and in illuminating detail, are issues or privacy, security, freedom of speech and human rights-based arguments. As the author Simon McKay reminds us, ‘undercover police operations… give rise to both practical, jurisprudential and philosophical questions’… all of which of course, should be more than a little concerning, not just for lawyers and academics, but for the public at large. How many, for instance, are not concerned by the newly acquired state powers to eavesdrop on every email transmitted.Obviously in McKay’s opinion, the state has gone too far. He quotes the fairly recent statement from the Foreign Secretary that if you are a citizen of the UK and you are not doing anything wrong, then you have nothing to fear.‘It is difficult to avoid the resonance this has with the great writers of the past’, he adds, referring with alarm to the chillingly prophetic works of Kafka, Orwell and Conrad.You might say that the book reveals the time honoured tug of war between what the state wants kept secret and what defence lawyers, not to mention investigative journalists, for example, want to ferret out.Anyone doing further research within this area of law -- which has certainly become highly topical -- will appreciate the extensive tables contained in the book, of UK legislation, statutory instruments, European directives, international instruments and codes and guidance. Paragraphs are numbered throughout for easier navigation and there is a useful index at the back.If you are a practitioner embroiled in a case (or cases) in which covert policing is a key issue (or even a peripheral one) this is an important work of reference you really do need to acquire.The date of publication is cited as at 2015.
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