Posted in Featured, Recent work

Authorised Criminality

David Perry QC and William Hays recently acted for the Respondents in a challenge to the Security Service’s policy whereby its agents may, in certain circumstances, become involved in criminal conduct.

The Claimants, which are all non-governmental organisations, challenged an aspect of the Security Service’s policy on the use of covert human intelligence sources (CHIS). The Claimants argued that the policy was unlawful because it purported to grant an immunity from prosecution to CHIS who commit criminal offences. A majority of the Investigatory Powers Tribunal held that the Security Service’s policy on the use of CHIS did not grant an immunity, as alleged, and was otherwise lawful.

A copy of the open judgment can be accessed here.