Page 146 - 7. 2016 Last three months the 10 - 11 - 12 No Table

No CAD voice recordings of the original 999 / 101 calls being made: -
Communications Data Standard Operating Procedure: -
In this document the definition of (CD) will mean Communications Data: -
This Standard Operating Procedure (SOP) establishes procedures that ensures the
Police Service of (hereinafter ‘Police’) manages its acquisition and use of
communications data (CD) in accordance with legislation, and the Home Office
‘Acquisition and Disclosure of Communications Data’ Codes of Practice.
The procedures described in this SOP are founded on the provisions of the
Regulation of Investigatory Powers Act 2000, (RIPA) Part 1, Chapter 2 (the Act)
which provides a legal basis for the lawful access to CD by public authorities
including police forces.
The main purpose of the Act is to ensure that the relevant investigatory powers
are used in accordance with ECHR.
The Act requires that human rights principles are followed. Officers must ask
themselves the following questions before utilising any of the powers under this
Act:
451,
• Is the proposed action lawful?
• Is the proposed action necessary (for a legitimate aim)?
• Is the proposed action proportionate to the crime or incident being
investigated (not a sledgehammer to crack a nut)?
• Is the proposed action non-discriminatory?
In 2014, the Data Retention and Investigatory Powers Act 2014 (DRIPA) was
introduced. This was in response to the European Court of Justice (ECJ)
judgment of 8th April 2014 which declared a previous Data Retention Directive
(2006/24/EC) invalid. DRIPA makes clear that anyone providing a
communications service to customers in the UK, regardless of where that service
is provided from, should comply with lawful requests made under the Act and
requires relevant companies to retain certain types of CD for up to 12 months, so
this may later be acquired by law enforcement and used in evidence.
The Acquisition and Disclosure of Communications Data Code of Practice (CoP)
was issued by the Home Office and approved by Parliament on 1 October 2007
and subsequently amended on 25 March 2015. The CoP provides guidance to
public authorities on the correct procedures for accessing CD under the provision
of the Act. The CoP is deemed admissible in evidence in both criminal and civil
proceedings.
Part 1, Chapter 2 Regulation of Investigatory Powers Act 2000 (RIPA) (the Act)
defines communication data into three separate types. Number three of three
being:
Traffic Data (section 21(4)(a)) – data comprised in or attached to a
communication for the purpose of the postal or communication service –
incoming call data, cell site / location information, call line identity, and other
records. Authorisation
CD may only be sought if a DP believes it is necessary for one or more of the
following statutory purposes to which I do ob-claim disclosure towards:
• For the purpose of preventing or detecting crime or of preventing disorder
(S22(2) b);