This inquiry addresses police forces' use of RIPA powers to acquire communications data in the course of investigations. In two recent, high-profile cases, police have used RIPA powers to obtain material which might be regarded as journalistic material for the purposes of PACE. In the Metropolitan Police's Operation Alice (the investigation into the so-called "Plebgate" incident and subsequent events), the Metropolitan Police accessed a journalist's telephone records to establish whether the information provided to his newspaper might have emanated from within the MPS. In Kent Police's Operation Solar (the investigation into perversion of the course of justice by Constance Briscoe in relation to the trial of Rt Hon Chris Huhne and Vicky Pryce) the police used RIPA powers to obtain material from Associated Newspapers Limited (ANL) after an application by the police for access to the material under PACE had already failed because ANL had successfully claimed in court that journalistic privilege applied.

Government response to HC 711, session 2014-15 (ISBN 9780215078988)

Contains a full account of administrative law in the context of social, political and economic forces shaping the law.

In 1998, the previous government abolished exit checks, paper-based embarkation records of passengers departing from the UK, because they were too resource intensive. Those universal exit checks were replaced by an intelligence-led approach, using CCTV and greater liaison between border agencies, port operators and transport carriers. This approach was subsequently superseded by the e-Borders programme, announced in February2005. The e-Borders programme has stalled and was "terminated" in March 2014 and that the Home Office would bereplacing individual systems, such as the Warnings Index and Semaphore, separately. At the moment, data for air passengers travelling in and out of the UK is sourced from carrier lists, known as Advanced Passenger Information (API). Air passengers buy tickets in advance and check in a reasonable time before departure, so API coverage is good, about 80% and increasing. Coverage is not so good for rail and ferry passengers, partly because of the ticketing systems and partly because customers can decide to travel, buy a ticket and have checked in at a time near to departure. Both the Minister and the Director General of Border Force have assured the Committee that 100% exit checks will be in place by 31st March 2015. To deliver exit checks, the Home Office needs to find a mechanism that can count all of the rail and maritime passengers as they depart the UK by the end of March. Exit checks will be carried out by the transport operators' staff, not Border Force. The Committee hope this can be delivered.

Out-of-court disposals (OOCDs) can provide the police with simple, swift and proportionate responses to low-risk offending, which they can administer locally without having to take the matter to court. As a quick and effective means of dealing with less serious offences, they enable police officers to spend more time on frontline duties and on tackling more serious crime. Additionally, OOCDs can often represent an effective response to offending that can focus on the needs of the victim. There are currently six ways in which offences can be addressed by the police without the matter proceeding to court (excluding no further action). These are: (i) Cannabis Warnings: a formal warning from a police officer for simple possession of cannabis for personal use; (ii) Fixed Penalty Notices (FPNs); (iii) Penalty Notices for Disorder (PND): an offender is offered the chance by a police officer to pay a fixed penalty of £50 or £80 to discharge liability for an offence and avoid a court appearance; (iv) Simple Cautions: a formal warning from a police officer following an admission of guilt; (v) Conditional Cautions: a caution with conditions attached. These are issued to tackle offending behaviour, provide reparation and enable compensation to be paid to victims, where appropriate. Failure to comply with the conditions will usually result in prosecution for the original offence; and (vi) Community Resolutions.

The London Metropolitan Police Service reported in 2012, that they had identified 259 violent youth gangs and 4,800 'gang-nominals' in 19 gang-affected boroughs. Also in 2012, Greater Manchester Police identified 66 Urban Street Gangs and estimated the total number of gang members across Greater Manchester to be 886. The Office of the Children's Commissioner's 2013 inquiry into child sexual exploitation in gangs and groups found that 2,409 children and young people were subject to sexual exploitation in gangs and a further 16,500 children at risk, using a survey period of August 2010-October 2011. 21 police forces in England identified that they had criminally active gangs operating in their area. In total, individual forces reported 323 gangs as being criminally active, with 16 being associated with child sexual exploitation. In London between March 2013 and February 2014, only six per cent of stop-and-searches were conducted on females. London, while experiencing the most gang-related violence of any area in the country, has obtained only fourteen gang injunctions.

Police bail, or pre-charge bail, is a tool that allows the police to continue an investigation without detaining the suspect in custody. The two common situations in which the police use pre-charge bail are: a) where there is insufficient evidence to charge a suspect, and the police wish to continue to investigate without keeping the suspect in custody; and b) where the police have passed the file to the CPS for a charging decision. Being arrested and held on bail is no indication of guilt. It means the police have acted upon a reasonable suspicion, carried out an arrest, and wish to continue to investigate the allegation without holding the suspect in custody. Pre-charge bail has been criticised because there are no limits on the length of time that someone can be bailed or the number of times they can be re-bailed, and the suspect cannot challenge the imposition of bail. This concern has led to two consultations, the first in March 2014 by the College of Policing on the operational use of pre-charge bail, introducing common standards and standardising use across all forces. The second consultation, initiated by Home Office in December 2014, is considering the introduction of statutory time limits on the use of pre-charge bail.