Wigan Council have used special covert surveillance three times in the past four years to crack down on crime, a report has found. The Regulation of Investigatory Powers Act (RIPA) allows local authorities to use CCTV, recording and monitoring equipment for the prevention and detection of crime.
In the case of Wigan, they use it to investigate incidents of fly tipping, underage sales or alcohol and tobacco and anti-social matters, a cabinet report claims. Covert surveillance includes monitoring, observing and listening which is recorded by any means.
This can extend to social media.
“Where covert surveillance is to be used, RIPA and associated Codes of Practice provide for a procedure to be followed that requires the use of specific forms, authorisation by the council and approval by the Magistrates Court,” the report said. “Approved covert surveillance lasts for three months.
“It must then be cancelled or extended. It cannot be allowed to lapse.
“Failure to follow the correct procedure will render the covert surveillance unlawful and an individual subject to the surveillance may pursue a claim.”
According to the report, the council has only used these powers three times since the start of 2019 - all occasions taking place in 2021. The report did not disclose which crimes had been investigated using this method as details “may prejudice the further detection and prevention of crime”.
This type of covert surveillance can only be used for crimes where the punishment is a minimum of six months imprisonment or the sale of alcohol and or prohibited goods such as tobacco to underage people. Before the court order is granted, considerations must be made for the proportionality of using covert surveillance and of any impact on anyone who may be unnecessarily included in the surveillance, a report states.
The Confident Council Scrutiny Committee are due to discuss and debate the report in a meeting at the town hall on Monday, January 30.
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