Disclosure Manual: Chapter 26 - Dealing with Surveillance Authorisations
Plain-English digest of CPS prosecution guidance.
AI-generated summary — not verbatim. This is a plain-English digest, not the official CPS text. It may omit detail or fall out of date. Do not rely on it for a charging decision — read the full guidance on cps.gov.uk and check the current legislation.
This guidance details the procedures for conducting surveillance under the Regulation of Investigatory Powers Act (RIPA) and the additional safeguards for surveillance related to legal privilege. It clarifies the conditions under which different types of surveillance require authority, the prosecution's disclosure duties concerning surveillance authorisations, and the oversight mechanisms in place, including the role of the Investigatory Powers Tribunal. The guidance emphasizes the importance of compliance with code of practices and the obligations of prosecutors regarding surveillance documentation.
Key points
- Surveillance is defined and outlined under RIPA.
- Covert surveillance must not alert individuals being monitored.
- A DSA is needed for covert online activity surveillance.
- Extra safeguards apply to surveillance likely to acquire legal privilege information.
- Intrusive surveillance requires authorization and prior approval from a Judicial Commissioner.
- The IPT can quash or cancel authorisations and provide remedies.
- Prosecutors must review all surveillance authorisations and documentation.
- Transparency to trial judges regarding authorisations is essential.
- Non-compliance of surveillance equipment with codes does not necessarily render evidence inadmissible.
- Disclosure duties require redacted authorizations under certain circumstances.
This is a factual digest of guidance published by the Crown Prosecution Service. Digested 2026-07-15. BlueLineHub is independent and not affiliated with the CPS.