Regulation of Investigatory Powers Act

T North made this Freedom of Information request to Winchester City Council

The request was successful.

From: T North

20 October 2008

Dear Sir or Madam,

I would like to know, itemised for each financial year since the
Regulation of Investigatory Powers Act was passed, the following:

1) On how many occasions (if any) Winchester City Council has
conducted an investigation or surveillance operation under the
Regulation of Investigatory Powers Act.

2) The total numbers of investigations or surveillance operations
carried out for each of the following categories:

a) on grounds of national security.
b) for the purposes of preventing or detecting crime.
c) for the purposes of preventing disorder.
d) for the purposes of public safety.
e) for the purposes of protecting public health
f) for other matters in the interests of the economic well-being of
the United Kingdom.
g) for all other categories where not as defined above.

3) The number convictions that were obtained as a result of such
RIPA investigation or surveillance for each of the following
categories of conviction:

a) civil
b) criminal

4) The total number of unsecured or failed convictions following a
RIPA investigation or surveillance operation.

5) The total number of man-hours spent, either by Winchester City
Council employees or its agents, on all such investigations or
surveillance operations conducted under RIPA.

6) The total cost, including employee or agent expenses, of all
such investigations or surveillance operations conducted under
RIPA.

Yours faithfully,

T North

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Winchester City Council

20 October 2008

Dear T North

Thank you for your email. I have sent your request to the relevant
officer and you should receive a reply within 20 working days.

Regards
Katherine Pryor
Democratic Services
Winchester City Council
City Offices, Colebrook Street
Winchester, SO23 9LJ
Tel: 01962 848264 Ext:2264
Fax: 01962 848472
Email: [email address]

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Winchester City Council

20 November 2008

Dear Mr North

I refer to your request received on 20 October and apologise for the delay
in replying. You have raised a number of questions in relation to each
financial year since the Regulation of Investigatory Powers Act 2000 was
passed. The answers are given in italics below:

1. On how many occasions (if any) Winchester City Council has conducted
an investigation or surveillance
operation under the Regulation of Investigatory Powers Act

2001/02 - 1
2002/03 - 7
2003/04 - 16
2004/05 - 5
2005/06 - 6
2006/07 - 3
2007/08 - 3
2008/09 - 1
Total 42

2. The total number of investigations or surveillance operations carried
out for each of the following categories:

(a) grounds of national security - 0
(b) for the purposes of preventing or detecting crime ) combined total -
39
(c)for the purposes of preventing disorder )
(d)for the purpose of public safety - 0
(e)for the purpose of protecting public health - 2001/02 - 1 2002/03 -
2

You may not appreciate that since changes to the Regulations in 2003,
local authorities are only able to authorise surveillance under RIPA
for the purpose of preventing or detecting crime or disorder. It is not
always possible to differentiate between the purposes of crime and
disorder since this is classified as one category in the legislation and
certain cases, usually those involving nuisance/anti-social behaviour
involve both crime and disorder.

3. The number of convictions that were obtained as a result of such RIPA
investigation or surveillance for each
of the following categories of conviction:
(a) civil
(b) criminal

It is unclear what you mean by a civil conviction as a conviction
relates only to a criminal offence. There
have previously been a number of Court orders for housing possessions
resulting from evidence secured
by surveillance, providing evidence of nuisance or anti-social
behaviour of a tenant. The
detailedinformation is no longer held in full as housing tenancy files
are retained for a limited period after
a tenancy has ended.

We do not hold records of the number of convictions secured as a result
of a RIPA investigation - often the
surveillance evidence is only part of the evidence. I am able to inform
you that the majority of cases for
which surveillance has been authorised relate to alleged benefit fraud.
There have only been convictions
for benefit fraud offences - for no other criminal matters.

4. The total number of failed convictions following a RIPA investigation
It is unclear what you mean by failed convictions. There have been no
unsuccessful criminal cases brought-
i.e. where a defendant has been acquitted of an offence. There are of
course many cases where the
evidence is insufficient to bring criminal proceedings.

5. and 6. The total number of man-hours spent on surveillance and the
total cost of surveillance
This information is not held by the Council.

I trust this deals with your query - if not, please do not hesitate to
contact me.

Fiona Sutherland
Planning and Information Solicitor
Winchester City Council
City Offices
Colebrook Street
Winchester SO23 9LJ
Tel: 01962 848 513

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