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Home Secretary Announces Review of Use of RIPA

The Home Secretary has announced a review of the use of the Regulation of Investigatory Powers Act (RIPA) following a sustained campaign by the media industry for better protection of journalistic sources.

As reported by the Newspaper Society: Theresa May also announced a review of the time limits on police bail, which has been subject of much recent criticism as no charges could be brought but people suffer from being on bail for years.

The Home secretary said that she was "pleased that the College is developing evidence based guidance to bring consistency, transparency and rigour to the way in which pre-charge bail is used in criminal investigations. You have consulted on the operational guidance and will publish your findings shortly. But in parallel we must also look at statutory time limits on the use of pre-charge bail to prevent people spending months or even years on bail only for no charges to be brought."

Speaking at the College of Policing annual conference Theresa May acknowledged that there had “been concerns over the use of RIPA to access journalists’ phone records” and the “relevant code” relating to the use of RIPA.

She said: “I am clear that where the police hold sensitive powers, they must be used appropriately. This also goes to the heart of my reforms to Stop and Search, and I am delighted that all 43 forces have signed up to the Best Use scheme which was launched in August. And it is why we are conducting a review of the use of the Regulation of Investigatory Powers Act.

“I am already aware that there have been concerns over the use of RIPA to access journalists’ phone records and that is why we are revising the relevant code to make clear that specific consideration must be given to communications data requests involving those in sensitive professions, such as journalists. This code will be published in draft this autumn and will be subject to a full public consultation so that anyone with concerns can feed in their views.”

The NS submission to the Investigatory Powers Review, which is looking at the use of RIPA by public bodies, refers to the media criticism of the RIPA Bill from the outset and its original campaign, led by the NS, for better protection of journalistic sources.

The NS and its member publishers had argued that use of such powers should be subject to prior judicial approval, in order to protect confidential journalistic sources.

These representations had also been pursued by the BBC, other broadcasters and the Society of Editors, which has also written to Prime Minister David Cameron to express its deep concerns over the issue.

The local media had highlighted concerns about local authorities’ use and Press Gazettehas launched the Save our Sources campaign in the wake of revelations about police accessing journalists’ phone records.