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This chapter introduces the sort of dialogue and its associated lexicon that is necessary to use when debating and developing practitioner guidance on the ethics of covert investigation. It describes a future developed guidance that will be derived from a professional and philosophical narrative that explains the ‘what for’, the ‘when’, and the ‘why’ of covert investigation. It also serves to assist investigators and authorizing officers in structuring their considerations and measuring their actions. The chapter stresses how covert investigation operates in an arena of permanent tension between preserving respect for individual human dignity and maximizing utility so long as any good generated outweighs any harm caused. It covers human dignity, which is distinguished in international law and some non-UK jurisdictions.

This chapter discusses the deployment of a covert human intelligence source (CHIS), which has been equated with directed surveillance in the hierarchy of covert investigation methods and statutory regulation. It considers CHIS as a lesser intrusion into an individual's private life when compared with deploying an audio or a video-recording device inside that person's dwelling or eavesdropping on a telephone conversation that person might have. It also reviews the involvement of direct engagement and interaction with the subject of an investigation and third parties in the deployment of a CHIS. The chapter suggests that the area of investigation methodology of CHIS engages far greater moral and legal complexity than the current statutory regime recognizes. It details the extraordinary revelations arising from the conduct of some officers within the Metropolitan Police Service's Special Demonstration Squad (SDS), which present the extreme end of the moral and material dangers that ensue from CHIS deployment.

This chapter talks about criminals that have always utilized jurisdiction borders as a means of evading prosecution or disrupting investigation. It looks at how a covert investigation contained within a single local English police force may have transnational actions associated with it. It also mentions instruments and conventions that have been created to facilitate mutual legal assistance and international law enforcement cooperation. The chapter explores how domestic investigators can secure help as required in their own investigation where evidence or the suspect is located outside their own jurisdiction. It emphasizes how different domestic jurisdictions must work alongside each other in cooperation when criminality crosses their mutual border in the absence of an international or supranational criminal code.

This chapter examines the corrosion of community confidence and trust in public authorities for veiling wrongdoings behind secrecy provisions instead of exposing the matter and holding the perpetrator accountable. It details how suspicion inevitably arises when secrecy is employed to shield what was a purposeful and intentional misuse of power rather than an unwitting error. It also looks at the disclosures of undercover officers' morally harmful conduct, revelations about mass surveillance, and exposure of unlawful hacking for commercial profit that have tainted the profession of covert investigation. The chapter confirms that covert investigations sit within the context of community safety or within the context of national or regime security. It highlights the aspects of moral justification that must underpin the ethics of covert investigation.

This chapter explores the purpose of investigation, which is to discover fairly and record accurately information that will be used as the basis for significant decision-making in the case of criminal justice decisions. It emphasizes the importance of establishing and sustaining public confidence in the administrative, regulatory, and criminal justice systems as decisions may have severe adverse consequences. It also covers the UK legislative framework that regulates the use of covert investigation to ensure that such methods do not give rise to unfairness. The chapter discusses what constitutes unfairness and unjustifiable conduct on the part of authorities, derived from the Human Rights Act 1998 (HRA). It traces how covert investigation has been drafted in order to give effect to investigator and agency statutory obligations imposed by the HRA.

This chapter talks about covert investigation subject to RIPA2000, IPA2016, and PA97, which must be authorized before the use of covert methods commences. It considers the role of the authorizing officer as the most important role within the overall management and governance of lawful covert investigation. It also describes the authorizing officer, who assesses and documents the statutory determinations of proportionality and necessity. The chapter covers governance architecture, which is multi-faceted, has oversight in the form of the Investigatory Powers Commissioner, and is an independent Investigatory Powers Tribunal adjudicating allegations of misuse. It highlights the general and generic issues concerning authorization as a mechanism.

This chapter discusses the operating environment, which requires a holistic recognition of the vulnerability and harm landscape to appropriately manage systemic and individual interventions that may be needed along the continuum of corruption. It highlights how the acquisition, security, use, and dissemination of information are obtained by covert investigation methods. It also details the creation of an arena vulnerable to compromise and a market for corruption in which the lack of sufficient competence can have significant adverse consequences. The chapter looks at corruption vulnerability awareness, which is the foundation of resistance and resilience against corruption. It covers information about investigation targets, tactics, and techniques that is of high value to those being investigated.

This chapter introduces certain tactics that facilitate covert investigation, particularly intrusive surveillance, which involve actions that constitute crimes or torts. It mentions the deployment of a listening device at private residential premises or the attachment of a location-tracking device to a vehicle that will involve trespass and could involve criminal damage being caused. It also cites Part III PA97 and Part 5 IPA2016 which provide that the statutory regimes under certain actions in covert investigations may be authorized and rendered lawful within the context of the authorized action. The chapter highlights authorizations for property interference or entry onto land, which should be sought wherever members of the empowered organizations conduct entry on, or interference with, property that would be otherwise unlawful. It considers property interference as a prerequisite for intrusive surveillance under RIPA2000.

This chapter explores how computers can be the scene of a crime, the means by which a crime is planned or committed, a means of communication when facilitating a conspiracy, and a means of investigating crime. It discusses covert investigation which engages computers both as the object under investigation and as a tool used by investigators. It also emphasizes the importance of precision in the drafting of applications and authorities relating to computers, noting the multiple roles of the computer within covert investigation. The chapter illustrates the covert examination of computers involving some form of interference with the target computer, constituting an offence under the Computer Misuse Act 1990. It includes the equipment interference warrant, which allows a range of methods or conduct to be used to obtain communications, equipment data, or other information.