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COVERT HUMAN INTELLIGENCE SOURCES
CHAPTER 1: GENERAL
1.1 In this code the:
- " 1997 Act" means the Police Act 1997;
- " 2000 Act" means the Regulation of Investigatory Powers Act 2000;
- " RIP(S) Act" means the Regulation of Investigatory Powers (Scotland) Act 2000.
1.2 This code of practice ("the code") provides guidance on the authorisation of the use or conduct of covert human intelligence sources ("a source") by public authorities listed in section 8(3) of the RIP(S) Act.
1.3 The provisions of the RIP(S) Act are not intended to apply in circumstances where members of the public volunteer information to the police or other authorities, as part of their normal civic duties, or to contact numbers set up to receive information (such as Crimestoppers, Customs Confidential, the Anti Terrorist Hotline, or the Security Service Public Telephone Number). Members of the public acting in this way would not generally be regarded as sources.
1.4 Neither the RIP(S) Act nor this code is intended to affect the practices and procedures surrounding criminal participation of sources (i.e. a covert human intelligence source will not be excused from any criminal conduct simply by virtue of his status, subject to paragraph 3.10 below).
1.5 The RIP(S) Act provides that all codes relating to the RIP(S) Act are admissible as evidence in criminal and civil proceedings. If any provision of the code appears relevant to any court or tribunal considering any such proceedings, or to the Investigatory Powers Tribunal established under the 2000 Act, or to one of the Commissioners responsible for overseeing the powers conferred by the RIP(S) Act, it must be taken into account.
Use of material in evidence
1.6 The admissibility of evidence obtained from a source in Scotland depends on whether evidence has been lawfully and fairly obtained. This will be decided in accordance with principles of common law. The product of the surveillance described in this code is subject to both common law provisions relating to disclosure and statutory provisions relating to retention of documents after trials. Specifically in relation to disclosure, the Crown has a duty to disclose any exculpatory evidence in their possession (see McLeod petitioner 1988 SLT 233). There is, however, no duty upon the Crown to disclose every document in their possession which may be relevant to the case.
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