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RIPA 2000 Practice Questions

Free NPPF Step 2 RIPA 2000 questions with full answers, for Sergeant and Inspector candidates.

20+ questions in the full bankType A format

About this topic

RIPA questions test covert surveillance and covert human intelligence sources (CHIS): what each is, who can authorise it, and for how long.

Know the difference between directed and intrusive surveillance, the authorising ranks (including urgent cases), and the duty to consider collateral intrusion.

Key legislation and cases

  • Regulation of Investigatory Powers Act 2000, Part II
  • Covert Surveillance and Property Interference Code of Practice

Worked examples

Try each question before opening the answer. Every option is explained, because the exam usually turns on why the near-miss answers are wrong.

Worked question 1 of 2Standard

DC Lewis wants to carry out directed surveillance of Hughes, a suspected drug supplier, over the next two weeks. The operation has been planned in advance and is not urgent. DC Lewis asks Inspector Rao whether she can authorise it under s.28 of the Regulation of Investigatory Powers Act 2000. Which of the following is correct?

  1. AInspector Rao cannot authorise it - a superintendent must authorise directed surveillance, and an inspector may do so only in urgent cases.
  2. BInspector Rao can authorise it - an inspector may authorise directed surveillance, and a superintendent is needed only in urgent cases.
  3. CInspector Rao cannot authorise it - a superintendent must authorise directed surveillance, and an inspector may not do so even in urgent cases.
  4. DInspector Rao cannot authorise it - a chief constable must authorise directed surveillance, and a superintendent may do so only in urgent cases.
Show answer and explanation
Answer: A

Under s.30 RIPA 2000 and the Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010, the person who may authorise directed surveillance in a police force is an officer of at least superintendent rank. An inspector may authorise it only in urgent cases. This operation is planned and not urgent, so Inspector Rao cannot authorise it. Intrusive surveillance is different: it needs a senior authorising officer such as a chief constable and the approval of a Judicial Commissioner.

ss.28 and 30 RIPA 2000; Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010, Schedule
s.28(2) RIPA 2000: "A person shall not grant an authorisation for the carrying out of directed surveillance unless he believes (a) that the authorisation is necessary on grounds falling within subsection (3); and (b) that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out." SI 2010/521 Schedule (police forces maintained under s.2 Police Act 1996): prescribed office "Superintendent"; urgent cases "Inspector".
  • B: This reverses the ranks. The authorising rank for directed surveillance is superintendent; an inspector may authorise only in urgent cases.
  • C: The 2010 Order expressly allows an inspector to authorise directed surveillance in urgent cases.
  • D: A chief constable is the senior authorising officer for intrusive surveillance. Directed surveillance is authorised at superintendent rank, or inspector rank if urgent.
Worked question 2 of 2Complex

DS Patel is preparing an application to authorise directed surveillance of a suspect under s.28 RIPA 2000. The suspect lives with his partner and two adult flatmates who are not involved in any criminality. DS Patel's draft application addresses necessity and proportionality but does not mention the likely impact of the surveillance on the people who share the property. A colleague reviewing the application raises a concern.

  1. ADS Patel's application is adequate as drafted because the flatmates and partner are not themselves under investigation, so their position does not need to be separately addressed.
  2. BDS Patel's application is inadequate, but only because the consent of the flatmates and partner should have been sought before the surveillance could be authorised.
  3. CDS Patel's application is inadequate because the impact on the flatmates and partner should be addressed, but this is simply part of the general proportionality assessment and does not need separate treatment.
  4. DDS Patel's application is inadequate because the likely extent of collateral intrusion on persons other than the subject, including the flatmates and partner, must be specifically identified and addressed as a distinct consideration, alongside how it will be minimised.
Show answer and explanation
Answer: D

The RIPA Code of Practice requires an application to specifically identify the likely extent of collateral intrusion on persons other than the subject and set out how it will be minimised, as a distinct part of the authorisation process alongside necessity and proportionality.

RIPA 2000 Code of Practice on Covert Surveillance and Property Interference
RIPA Covert Surveillance Code of Practice: Applications for authorisations should also include an assessment of the risk of any collateral intrusion or interference, and the application should state whether the intrusion is justified given the likely degree of intrusion into the privacy of those affected.
  • A: Not being a suspect does not remove the obligation to consider the impact on those affected.
  • B: There is no requirement to obtain consent - the requirement is to identify and minimise the intrusion.
  • C: Collateral intrusion is a distinct consideration in its own right, not folded into general proportionality without separate identification.

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