8. CHILDREN AS COVERT HUMAN INTELLIGENCE SOURCES
(1) A Source
(a) A ‘Covert Human Intelligence Source’ is defined in Section 26(8 of the Regulation of Investigatory Powers Act 2000 as a person who establishes or maintains a personal or other relationship with another person for the covert purpose of facilitating anything that:
(i) Covertly uses such relationship to obtain information or to provide access to any information or to another person; or
(ii) Covertly discloses information obtained by the use of such a relationship or as a consequence of the existence of such a relationship.
(b) A relationship is used covertly if, and only if, it is conducted in a manner calculated to ensure that the person is unaware of its purpose.
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2) A ‘Juvenile Source’
A ‘juvenile source’ is a source under the age of eighteen years.
(3) Juvenile Sources
Special safeguards apply to the authorisation for the use or conduct of juvenile sources. (4)
On no occasion can the use or conduct of a source under 16 years of age and living with their parents be authorised, to give information against their parents.
(5) (a) In other cases, authorisations can be given with the following additional safeguards:
(i) Juvenile sources can give information about other members of their immediate family in exceptional circumstances.
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ii) A parent/guardian or other ‘appropriate adult’ must be present at meetings with the juvenile source under the age of 16 years.
STANDARD
When considering the use of children as covert human intelligence sources the Police Service ofNorthern Ireland will comply with Sections 6.24 -6.28 of the Manual of Minimum Standards forCovert Human Intelligence Sources approved by the Association of Chief Police Officers and by HMCustoms and Excise.
(b) In addition, an authorisation should not be granted unless or until:
(i) The safety and welfare of the juvenile has been fully considered.
(ii) The Authorising Officer has satisfied themselves that any risk has been properly explained and understood by the juvenile.
(c) A risk assessment has been undertaken as part of the application to deploy a juvenile source, covering the physical dangers, the moral and psychological aspects of their deployment.
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(d) Authority for the deployment of a juvenile source is at Assistant Chief Constable level. Authorisations should last for one month, renewable for a period of one month. With juveniles, the principle issue is the maturity of the individual. In general, the more a Controller is satisfied that the juvenile understands their position, understands the risks which they run and demonstrates self-reliance and some control over their life, the safer it is to use them as a source. A decision not to inform a parent or guardian should be based on the same considerations.
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e) It is important for Handlers, Controllers and Authorising Officers to understand the implications of Gillick v North West Wisbech Area Health Authority (1985) and the duty to protect children at ‘risk’ or ‘in need’ as specified in the Children (NI) Order 1995.
6) Ethical Issues
(a) Research by the National Source Working Group has shed light on the particular ethical difficulties, which may arise for officers handling juvenile sources. This research stresses the vital role played by the Controller and the Authorising Officer in ensuring that the process be properly monitored. It also highlights that the officers concerned be properly supported and that the welfare needs of the juvenile and the wider interests of society be subject to continuous review and the result recorded in the source file. Points to consider are:
(i) A juvenile source may become dependent on their Handlers - only advanced Handlers should be used, to keep the relationship on a proper footing.
(ii) Juvenile sources may have a drug or alcohol dependency problem - risk assessments and risk management plans must address this. Methods and levels of payment should be tailored to avoid contributing to the dependency.
(iii) Juvenile sources may commit more crime than they help clear up. The public interest requires an honest assessment to be made about the need to target a source, particularly if the crime is feeding drug dependency.
(iv) Particular care is required in planning for the safety of juvenile sources. Experience shows that many give little thought to their needs beyond the immediate future and require constant rehearsing in all aspects of safety.
(v) The Act makes it clear that juveniles should be used to gain information about members of their immediate family only in exceptional circumstances. It expressly forbids the use or conduct of a juvenile source under 16 years of age giving information against their parents with whom they are living.
(vi) These rules are based on the right to privacy and respect for family life enshrined within the Human Rights Act. They also present a significant practical and ethical issue for Handlers and Controllers.
Where, exceptionally, such a situation arises, the stress to which the source may be the subject requires constant monitoring and the burden on Handlers may be substantial.
(vii) It may be advisable, where practicable, to tape record meetings with juveniles and conduct the meetings in suitably secure and convenient locations. Although at times unavoidable, such meetings held at police stations should be kept to a minimum, which further reduces the risk of exposure of the source.
(b) In any case, when consideration is being given to the use of a juvenile source, and questions arise, the matter should be referred to Head of Intelligence Branch for advice.