Difference between revisions of "N officers 1"

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{{UCPI_sidebar|Name=N Officers list|Description=A list of N & HN cyphers used to designate individual officers in the Inquiry and by Operation Herne (Part 1)}}
{{UCPI_sidebar|Name=N Officers list|Description=A list of N & HN cyphers used to designate individual officers in the Inquiry and by Operation Herne (Part 2)}}
 
  
 
Police officers cited in the [[Undercover Policing Inquiry]] (UCPI) are generally designated by a cypher / nominal starting with N or HN followed by a number. The practice of assigning these cyphers was begun in by the Metropolitan Police inquiry [[Operation Herne]] which investigated the activities of the [[Special Demonstration Squad]] undercovers. It was subsequently adopted by [[Mark Ellison]] for his [[Ellison Review|Review]] and the UCPI, both of which draw heavily on the material assembled by Operation Herne. The practice was also taken up by [[Operation Elter]], investigating the [[National Public Order Intelligence Unit]]. The system appears to have changed in 2017, when the 3 August 2017 rulings and direction of the new Inquiry Chair, [[John Mitting]], began using the 'HN' label, though the associated numbers appear to be unchanged.<ref name="ucpi.pr.3Aug17">[https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-press-notice-SDS-Minded-to.pdf Press Release: 'Minded to' note, ruling and directions in respect of anonymity applications relating to former officers of the Special Demonstration Squad], Undercover Policing Public Inquiry (UCPI.org.uk), 3 August 2017 (accessed 3 August 2017).</ref>  
 
Police officers cited in the [[Undercover Policing Inquiry]] (UCPI) are generally designated by a cypher / nominal starting with N or HN followed by a number. The practice of assigning these cyphers was begun in by the Metropolitan Police inquiry [[Operation Herne]] which investigated the activities of the [[Special Demonstration Squad]] undercovers. It was subsequently adopted by [[Mark Ellison]] for his [[Ellison Review|Review]] and the UCPI, both of which draw heavily on the material assembled by Operation Herne. The practice was also taken up by [[Operation Elter]], investigating the [[National Public Order Intelligence Unit]]. The system appears to have changed in 2017, when the 3 August 2017 rulings and direction of the new Inquiry Chair, [[John Mitting]], began using the 'HN' label, though the associated numbers appear to be unchanged.<ref name="ucpi.pr.3Aug17">[https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-press-notice-SDS-Minded-to.pdf Press Release: 'Minded to' note, ruling and directions in respect of anonymity applications relating to former officers of the Special Demonstration Squad], Undercover Policing Public Inquiry (UCPI.org.uk), 3 August 2017 (accessed 3 August 2017).</ref>  
 
The N number system appears to be applied across the board for police officers regardless of force, position or involvement with undercover policing. A few have since been identified, but many remain anonymous and as such few details of them are known. Except where profiled elsewhere, this page collates what is known of them and links to relevant documents, including relevant procedural issues within the Undercover Policing Inquiry.
 
  
 
Due to the number of offices and associated details, the list has been split into several pages. This is page 1, covering N officers with cypher number up to 99.  
 
Due to the number of offices and associated details, the list has been split into several pages. This is page 1, covering N officers with cypher number up to 99.  
 +
* For a general introduction into the cypher system, see [[N_officers| N Officers (main page)]].
 +
* For N officers with numbers 100 - 299, see [[N_officers_2|N officers part 2]].
 +
* For N officers with numbers 300 to 399, see [[N_officers_3|N officers part 3]].
 +
* For N officers with numbers 400 and higher, see [[N_officers_4|N officers part 4]].
  
For N officers with numbers 100 and higher, see [[N_officers_2|N officers 2]].
+
* ''Updated 10 March 2018''; further details of restriction order applications, etc. can be found under individual officer pages were linked.
 
 
* ''Updated 19 November 2017''
 
  
 
==N Officers (1 - 99)==
 
==N Officers (1 - 99)==
Line 22: Line 21:
 
| Likely to be ''[[Matt Rayner (alias)]]''
 
| Likely to be ''[[Matt Rayner (alias)]]''
 
| Minded-To: real name cannot be published.<ref name="mitting.mindedto2.14Nov17">[https://www.ucpi.org.uk/wp-content/uploads/2017/11/20171114-SDS-anonymity-Minded-to-2.pdf In the matter of section 19 (3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad ‘Minded to’ note 2], ''Undercover Policing Inquiry'', 14 November 2017 (accessed 15 November 2017)</ref>
 
| Minded-To: real name cannot be published.<ref name="mitting.mindedto2.14Nov17">[https://www.ucpi.org.uk/wp-content/uploads/2017/11/20171114-SDS-anonymity-Minded-to-2.pdf In the matter of section 19 (3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad ‘Minded to’ note 2], ''Undercover Policing Inquiry'', 14 November 2017 (accessed 15 November 2017)</ref>
| Deployed against animal rights groups 1992-1997; cover name already in public domain and there 'are allegations about his conduct which require to be publicly ventilated to permit the Inquiry to fulfil its terms of reference. Publication of his real name is not necessary to permit this to be achieved. It would carry significant risks to his physical safety and well-being and the well-being of his family.' This would interfere with Article 8 Right and if the risk did materialise the result would be 'substantial'. Even if the risk didn't materialise, the 'interference would still be significant'. Mitting also said full reasons could not be set out openly and a closed note expanding on them would also be provided.<ref name="mitting.mindedto2.14Nov17"/>
+
| SDS UCO. Deployed against animal rights groups 1992-1997; cover name already in public domain and there 'are allegations about his conduct which require to be publicly ventilated to permit the Inquiry to fulfil its terms of reference. Publication of his real name is not necessary to permit this to be achieved. It would carry significant risks to his physical safety and well-being and the well-being of his family.'<ref name="mitting.mindedto2.14Nov17"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN2
+
| [[HN2]]
 
| ''unknown''
 
| ''unknown''
| Full name and cover name to be published as no application for restriction order made.<ref name="mitting.mindedto2.14Nov17"/><ref name="explan.note.cti.14Nov17">[https://www.ucpi.org.uk/wp-content/uploads/2017/11/20171114-updated-explanatory-note.pdf Counsel to the Inquiry's Explanatory note to accompany the 'Minded-To' Note (2) in respect for restrictions over the real and cover names of officers of the Special Operations Squad and the Special Demonstration Squad], ''Undercover Policing Inquiry'', 14 November 2017 (accessed 15 November 2017).</ref>
+
| No restriction order applications made; cover name and real name to be published.<ref name="ucpi.wilkinson.update5">Kate Wilkinson, [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180307-update-counsels-explanatory-note-SDS-Minded-to-5.docx.pdf Counsel to the Inquiry's Explanatory Note to accompany the Chairman's 'Minded-To' Note 5 in respect of applications for restrictions ovr teh real and cover names of officers of the Special Demonstration Squad and the Special Demonstration Squad - Update as at 7th March 2018], ''Undercover Policing Inquiry'', 7 March 2018 (accessed 8 March 2018).</ref>
It had previously been noted that the UCPI needed further details before making a decision and had been awaiting NH2 to appoint a legal representative.<ref name="ucpi.pr.3Aug17"/><ref name="ucpi.mitting.mindedto.3Aug17">John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-Minded-to.pdf In the matter of section 19(3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad ‘Minded to’ note], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 3 August 2017 (accessed 5 August 2017).</ref><br>
+
| SDS UCO and cover officer.
| SDS UCO. Application from MPS over restriction on publishing real name only; officer not in position to confirm whether wider restriction is to be sought over the cover name, and open version of material relating to HN2 has yet to be agreed.<ref name="counsel.note.3Aug17"/><br>Mentioned in Herne 1 as a former SDS undercover and later a cover officer, now retired:<ref name="herne.1">Mick Creedon, [http://www.derbyshire.police.uk/Documents/About-Us/Herne/Operation-Herne---Report-1---Covert-Identities.pdf Operation Herne Report 1: Covert Identities], ''Metropolitan Police Service'', July 2013.</ref>
+
|- style="vertical-align:top;"
* 3.4: "According to N2 efforts would be made to research the existence of close family members. Names that were too unusual or too common would be discounted, as too would cases where the deceased had died in unusual or memorable circumstances. In preference, children were chosen that would have died between four (4) and eight (8) years of age and would be of broadly the same age as the UCO."
+
| HN3
* 4.4: "... he found himself in a situation where he had penetrated an organisation and was then asked by the group to help trace a mole among them."
+
| ''unknown''
 +
|
 +
| Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.<ref name="ucpi.pr.25Jan18"/><ref name="mitting.mindedto4.25Jan2018">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2018/01/20180125-December-tranche-impact-led-and-HN353-minded-to-sanitised.pdf In the matter of section 19(3) of the Inquiries Act 2005. Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and Special Demonstration Squad - 'Minded To' Note 4], ''Undercover Policing Inquiry'', 25 January 2018 (accessed 25 January 2018).</ref>
 
|- style="vertical-align:top;"  
 
|- style="vertical-align:top;"  
 
| N5
 
| N5
Line 37: Line 38:
 
| SDS UCO
 
| SDS UCO
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN7
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| [[HN7]]
 
| ''unknown''
 
| ''unknown''
| Subject to final restriction order on real and cover name, made on 4 Sept 2017.<ref name="ucpi.pr.3Aug17"/>.<ref name="explan.note.cti.14Nov17"/>
+
| Final restriction order over real and cover name, granted on 4 Sept 2017, on medical grounds .<ref name="ucpi.pr.3Aug17"/>.<ref name="explan.note.cti.14Nov17">[https://www.ucpi.org.uk/wp-content/uploads/2017/11/20171114-updated-explanatory-note.pdf Counsel to the Inquiry's Explanatory note to accompany the 'Minded-To' Note (2) in respect for restrictions over the real and cover names of officers of the Special Operations Squad and the Special Demonstration Squad], ''Undercover Policing Inquiry'', 14 November 2017 (accessed 15 November 2017).</ref>
 
| SDS UCO. Deployed in the late 1980s and early 1990s to three groups. Unconnected with his undercover deployment he sustained a significant head injury while a police officer. This injury and an unrelated condition have caused significant mental and personal problems, subject to a report by Prof. George Fox - who concludes there is a 'significant' ('highly likely to occur') risk of suicide if HN7's real or cover name were published.<ref name="ucpi.mitting.HN7Ruling.3Aug17">John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-ruling-N7-anonymity.pdf In the matter of section 19(3) of the Inquiries Act 2005 Application for restriction order in respect of HN7 Ruling (Ruling in respect of HN7)], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 3 August 2017 (accessed 5 August 2017).</ref>  
 
| SDS UCO. Deployed in the late 1980s and early 1990s to three groups. Unconnected with his undercover deployment he sustained a significant head injury while a police officer. This injury and an unrelated condition have caused significant mental and personal problems, subject to a report by Prof. George Fox - who concludes there is a 'significant' ('highly likely to occur') risk of suicide if HN7's real or cover name were published.<ref name="ucpi.mitting.HN7Ruling.3Aug17">John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-ruling-N7-anonymity.pdf In the matter of section 19(3) of the Inquiries Act 2005 Application for restriction order in respect of HN7 Ruling (Ruling in respect of HN7)], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 3 August 2017 (accessed 5 August 2017).</ref>  
  
A separate ruling without hearing granted HN7 anonymity, based on medical evidence.<ref name="ucpi.pr.3Aug17"/> "[Mitting] has therefore made a final determination based on medical evidence which cannot be properly disputed."<ref name="counsel.note.3Aug17">David Barr &amp; Kate Wilkinson, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-counsels-explanatory-note-SDS-Minded-to.pdf Counsel to the Inquiry's explanatory note to accompany the 'Minded to' note in respect of applications for restrictions over the real and cover names of officers of the Special Operations Squad and the Special Demonstration Squad], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 3 August 2017 (accessed 5 August 2017).</ref> Mitting in his ruling on anonymity states the risk to suicide is one he is not prepared to take, and even if that risk were not to materialise, notes "the mental distress which would be occasioned to him would amount to a significant interference in with his right to respect for his private life" under Article 8 human rights and "The need to arrive at that truth in relation to his deployment is unlikely to provide that justification. There is likely to be a good deal of other open evidence of similar and contemporaneous deployments from which conclusions can be drawn".<ref name="ucpi.mitting.HN7Ruling.3Aug17"/> See also [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN7-Open-application-for-restriction-order.pdf Open application for restriction order for HN7].
 
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| N9
 
| N9
 
| ''unknown''
 
| ''unknown''
|
+
| 15 Jan 2018, granted further time to provide the Inquiry with information being sought in relation to their restriction order application.<ref name="ucpi.pr2.15Jan2018">[https://www.ucpi.org.uk/wp-content/uploads/2018/01/20180115-Nov-minded-to-press-note.pdf Press notice - ‘Minded-to’ anonymity: Special Demonstration Squad Officers (HN13, HN296, HN304, HN339, HN340, HN354, HN356/124, HN61, HN819, HN109, HN9, HN66)], ''Undercover Policing Inquiry'', 15 January 2018 (accessed 15 January 2018).</ref><ref name="mindedto3.mitting.15Jan18">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2018/01/200180115-Minded-To-Note-3-November-tranche-applications.pdf Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstration Squad: 'Minded to' note 3], ''Undercover Policing Inquiry'', 15 January 2018 (accessed 15 January 2018).</ref>
 
| An SDS officer mentioned by [[N81]] in his interview: "N9 later told me that it was quite usual for SDS management to arrange meetings between operatives and outside persons at the management’s homes. This was because such persons would not be able to attend SDS safe houses." (Ellison, p. 232).<ref name="ellison">Mark Ellison, [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287031/stephen_lawrence_review_volume_1.pdf The Stephen Lawrence Independent Review - Volume 1: Possible corruption and the role of undercover policing in the Stephen Lawrence case], ''Gov.UK'', March 2014.</ref>
 
| An SDS officer mentioned by [[N81]] in his interview: "N9 later told me that it was quite usual for SDS management to arrange meetings between operatives and outside persons at the management’s homes. This was because such persons would not be able to attend SDS safe houses." (Ellison, p. 232).<ref name="ellison">Mark Ellison, [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287031/stephen_lawrence_review_volume_1.pdf The Stephen Lawrence Independent Review - Volume 1: Possible corruption and the role of undercover policing in the Stephen Lawrence case], ''Gov.UK'', March 2014.</ref>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
Line 52: Line 52:
 
| [[Bob Lambert]]
 
| [[Bob Lambert]]
 
| Confirmed.<ref name="N10-N14.notice.16Dec16">[https://www.ucpi.org.uk/wp-content/uploads/2016/10/161020-press-notice-JB-and-BL-minded-to.pdf The Chairman’s ‘Minded to’ note on applications for restriction orders in respect of two former undercover police officers], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 20 October 2016 (accessed 5 August 2017).</ref>  
 
| Confirmed.<ref name="N10-N14.notice.16Dec16">[https://www.ucpi.org.uk/wp-content/uploads/2016/10/161020-press-notice-JB-and-BL-minded-to.pdf The Chairman’s ‘Minded to’ note on applications for restriction orders in respect of two former undercover police officers], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 20 October 2016 (accessed 5 August 2017).</ref>  
| SDS UCO & manager. Role in meeting between [[Richard Walton]] and [[N81]] discussed in Herne II<ref name="herne.2">Mick Creedon, [http://www.derbyshire.police.uk/Documents/About-Us/Herne/Operation-Herne---Report-2---Allegations-of-Peter-Francis.pdf Operation Herne: Report 2 - Allegations of Peter Francis], ''Metropolitan Police Service'', March 2014.</ref> and the Ellison Review.<ref name="ellison.1">Mark Ellison, [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287031/stephen_lawrence_review_volume_1.pdf Possible corruption and the role of undercover policing in the Stephen Lawrence case], ''Stephen Lawrence Independent Review'', Vol. 1, Gov.UK, March 2014</ref><br>
+
| SDS UCO & manager. Role in meeting between [[Richard Walton]] and [[N81]] discussed in Herne II<ref name="herne.2">Mick Creedon, [http://www.derbyshire.police.uk/Documents/About-Us/Herne/Operation-Herne---Report-2---Allegations-of-Peter-Francis.pdf Operation Herne: Report 2 - Allegations of Peter Francis], ''Metropolitan Police Service'', March 2014.</ref> and the Ellison Review.<ref name="ellison.1">Mark Ellison, [https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/287031/stephen_lawrence_review_volume_1.pdf Possible corruption and the role of undercover policing in the Stephen Lawrence case], ''Stephen Lawrence Independent Review'', Vol. 1, Gov.UK, March 2014</ref>
 +
 
 
In March 2016 a restriction order application and supporting documents were filed on his behalf seeking some restriction on personal details being released by the Inquiry: [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N10-Open-Application.pdf Open Application], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N10-Personal-Statement-gisted.pdf Personal Statement (open version)], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N10-Draft-Order.pdf Draft Order]. In October 2016, Pitchford issued a '[https://www.ucpi.org.uk/wp-content/uploads/2016/10/161020-minded-to-note-N10.pdf Minded-To]' indicating he was willing to grant most of the order sought. Objections were to be received by 3 November 2016, but no final order is readily found on the Inquiry website.
 
In March 2016 a restriction order application and supporting documents were filed on his behalf seeking some restriction on personal details being released by the Inquiry: [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N10-Open-Application.pdf Open Application], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N10-Personal-Statement-gisted.pdf Personal Statement (open version)], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N10-Draft-Order.pdf Draft Order]. In October 2016, Pitchford issued a '[https://www.ucpi.org.uk/wp-content/uploads/2016/10/161020-minded-to-note-N10.pdf Minded-To]' indicating he was willing to grant most of the order sought. Objections were to be received by 3 November 2016, but no final order is readily found on the Inquiry website.
  
Core participant; represented by Slater & Gordon.  
+
Core participant; represented by Slater & Gordon.
 +
|- style="vertical-align:top;"
 +
| [[HN12]]
 +
| ''unknown''
 +
| Minded-to (25 Jan 2018): grant restriction over real name; no application to restrict their cover name submitted which will be published once pre-publication checks have been made.<ref name="ucpi.pr.25Jan18">[https://www.ucpi.org.uk/wp-content/uploads/2018/01/20180124-December-minded-to-press-note.pdf Press Notice: Decisions relating to anonymity applications: Special Demonstration Squad], ''Undercover Policing Inquiry'', 25 January 2018 (accessed 25 January 2018).</ref><ref name="mitting.mindedto4.25Jan2018"/>
 +
 
 +
| SDS UCO 1982-85, when deployed into two left wing groups successively. During this time he was arrested, prosecuted and fined for a minor offence under his cover name. Had a 'fleeting sexual encounter with a female activist'. According to Mitting, his deployment was unremarkable and gave rise to no known allegation of misconduct.<ref name="mitting.mindedto4.25Jan2018"/>
 +
 
 +
|- style="vertical-align:top;"
 +
| HN13
 +
| ''unknown''
 +
| 15 Jan 2018: 'Minded-to' grant restriction order over real name; no application in relation to cover name which will be published in due course.<ref name="ucpi.pr2.15Jan2018"/>
 +
| SDS UCO. Deceased. Infiltrated the Communist Party of England (Marxist-Leninist) from 1974 to 1978. Twice prosecuted for public order offences in his cover name and convicted once. No known allegation of misconduct.<ref name="mindedto3.mitting.15Jan18"/>
 +
 
 +
Survived by widow, now in early 70s. She claims her husband was assured of life-long confidentiality and would not have become an undercover officer otherwise. She wishes that her husband's memory, she and her family should be left in peace, and that a restriction order granted in both real and cover name. Mitting however notes there is a 'sterile corridor' preventing HN13's real name being discovered from his cover name and even if it was breached the risk to the widow etc. is negligible. Thus is no good reason preventing publishing of the cover name which may may permit those he targeted to come forward. As some risk of interference in private life of widow if real name published, that shall be restricted.<ref name="mindedto3.mitting.15Jan18"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| N14
 
| N14
Line 64: Line 79:
 
Core participant; represented by Slater & Gordon.
 
Core participant; represented by Slater & Gordon.
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN15
+
| [[HN15]]
 
| ''unknown''
 
| ''unknown''
| Mitting minded to refuse restriction orders over real & cover names. Closed hearing to be held to consider this.<ref name="mitting.mindedto2.14Nov17"/> Previously, it was noted that the UCPI needed more details before making a decision.<ref name="ucpi.pr.3Aug17"/><ref name="ucpi.mitting.mindedto.3Aug17"/>
+
| Restriction order applications refused. Real and cover names to be published in due course.<ref name="ucpi.wilkinson.update5"/>
| SDS UCO. Mentioned by Lambert as an SDS UCO who 'would have involvement in Stephen Lawrence campaign issues' (Ellison page 214).<ref name="ellison.1"/><br>
+
| SDS UCO. Mentioned by Lambert as an SDS UCO who 'would have involvement in Stephen Lawrence campaign issues' (Ellison page 214).<ref name="ellison.1"/>
No application from MPS, but in March 2016 NH15's lawyer submitted an application to restrict real and cover names. The lawyers have since notified the Inquiry that a supplement to the application may be made on receipt of a final risk assessment from the MPS. The Inquiry has also received additional evidence, but is awaiting the further application before publishing anything.<ref name="counsel.note.3Aug17"/> March 2016 application documents: [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N15-Personal-Statement-gisted.pdf personal statement (gisted)], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N15-Open-Application.pdf open application], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N15-Draft-Order.pdf draft order] and [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N15-N16-N26-N58-N81-N123-Gisted-Risk-Asessments-1.pdf risk assessment (gisted)].
 
 
 
In November 2017, Mitting noted:<ref name="mitting.mindedto2.14Nov17"/>
 
:: I am minded to refuse to make a restriction order in respect of either real or cover name. A closed hearing is required to permit HN15 to make submissions in support of either or both applications. If I were to state the reasons for the decisions which I am minded to make openly and/or if HN15 were to make submissions openly it would so undermine the applications as to deprive them of purpose.
 
 
 
Represented by Slater & Gordon.
 
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| [[HN16]]
 
| [[HN16]]
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N16 is a core participant and represented by Slater & Gordon.
 
N16 is a core participant and represented by Slater & Gordon.
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| N17
+
| [[HN17]]
 
| ''unknown''
 
| ''unknown''
| Neither real or cover name can be published.<ref name="mitting.mindedto2.14Nov17"/>
+
| Minded-to: neither real or cover name can be published.<ref name="mitting.mindedto2.14Nov17"/> Provisional decision (5 Mar 2018): restrict real & cover name; application to be heard on 21 Feb 2018.<ref name="ucpi.pr.5Mar18">[https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180305-press-notice-documents-for-hearing-on-21-Mar-2018.pdf Press notice - Publication of documents relatign to Special Demonstration Squad anonymity applications for hearing on 21 March 2018], ''Undercover Policing Inquiry'', 5 March 2018 (accessed 5 March 2018).</ref> Application to be heard on 21 March 2018.<ref name="ucpi.wilkinson.update5"/>
| SDS UCO targeting right wing groups.<ref name="mitting.mindedto2.14Nov17"/> Mentioned by Lambert as a contemporary of Peter Francis (early/mid 1990s) who infiltrated far right groups (Ellison, p. 214).<ref name="ellison.1"/>
+
| SDS UCO, targeting right wing groups.<ref name="mitting.mindedto2.14Nov17"/> Mentioned by Lambert as a contemporary of Peter Francis (early/mid 1990s) who infiltrated far right groups (Ellison, p. 214).<ref name="ellison.1"/>
  
Mitting stated in his Minded-To:<ref name="mitting.mindedto2.14Nov17"/>
+
|- style="vertical-align:top;"
:: HN17 is no longer a serving police officer. HN17 was deployed against a number of groups in the last 15 years of the existence of the SDS. If the true identity were to be discovered by members of them HN17 would be at real risk of serious violence by them or their associates. Nothing in the nature of the deployment or of what is known of HN17’s conduct of it could justify running that risk.
+
| HN19
:: For reasons which can only be, and are, explained in the closed note accompanying these reasons, <strong>publication of the cover name would be likely eventually to lead to the discovery of the real name</strong> ''[emphasis added]''. That is not a risk which I am prepared to run. Even if Article 3 of the European Convention is not, on the facts, engaged, Article 8 is; and the interference with HN17’s right to respect for private and family life which would be occasioned by both the risk and occurrence of violence would not be justified under Article 8(2).
+
| ''unknown''
:: Careful thought will, in the future, need to be given to the manner in which the evidence of HN17 will be received by the Inquiry.
+
| Minded-to (25 Jan 2018): grant restriction over real name; no application to restrict their cover name submitted which will be published once pre-publication checks have been made.<ref name="ucpi.pr.25Jan18"/>
 +
| SDS UCO, from 1981 to 1985 he was deployed into two left wing groups which no longer exist 'as such'. Was arrested and cautioned for unlawful bill posting during deployment. No known allegation of misconduct during his deployment, which appears otherwise unremarkable according to Mitting. Was newly married when deployed. In 60s and married.<ref name="mitting.mindedto4.25Jan2018"/>
  
An application for restriction order over real and cover names had been made; supporting evidence supplied to Inquiry,<ref name="explan.note.cti.14Nov17"/> but has not been published.
+
Mitting states in his Jan 2018 'Minded To', that publication of real name is not necessary, and publication of his cover name will suffice to prompt any whom he interacted with to come forward to give evidence about his deployment. Has no concerns for his physical safety, but 'is concerned to avoid the intrusion into his and his wife's private and family life which might result from publication of his real name. In Mitting's view, publication of his real name would interfere with his Article 8(2) rights to private and family life.<ref name="mitting.mindedto4.25Jan2018"/>
 +
|- style="vertical-align:top;"
 +
| HN20
 +
| ''unknown''
 +
|
 +
| 11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018">[https://www.ucpi.org.uk/wp-content/uploads/2018/01/20180111-directions-SDS-anonymity.pdf Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad: Directions], ''Undercover Policing Inquiry'', 11 January 2018 (accessed 11 January 2018).</ref> Minded To (Mar 2018): further information sought by Inquiry before 'minded to decision made.<ref name="mitting.mindedto5.7Mar2018">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180307-SDS-anonymity-Minded-to-5.pdf In the matter of section 19(3) of the Inquiries Act 2005. Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and Special Demonstration Squad - 'Minded To' Note 5], ''Undercover Policing Inquiry'', 7 March 2018 (accessed 10 March 2018).</ref>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN23
+
| HN21
 
| ''unknown''
 
| ''unknown''
| Minded-To: Neither real or cover names can be released (Nov 2017).<ref name="mitting.mindedto2.14Nov17"/>
+
| Minded to (March 2018): real name to be restricted; application to restrict cover name refused.<ref name="mitting.mindedto5.7Mar2018"/>
| SDS UCO in 1990s.
+
| SDS UCO. Deployed in late 1970s / early 1980s against one group and reported on others. In 60s.<ref name="mitting.mindedto5.7Mar2018"/>
  
According to Mitting (Nov 2017):<ref name="mitting.mindedto2.14Nov17"/>
+
Risk to HN21 from groups is negligible; but they do suffer from depression, which Dr. Busuttil opined is at high risk of recurrance if real & cover names published. Mitting notes that deployment of HN21 is of 'some interest to the Inquiry' and needs a more thorough investigation than possible if explored simply under a cipher. "I am not, at present, convinced that measures cannot be take to avoid harmful impact on the healt of HN21. I will afford an opportunity to HN21 to consider such measures in a closed session and/or submit that they would be ineffective. A closed note accompanies these reasons."<ref name="mitting.mindedto5.7Mar2018"/>
:: HN23 was deployed against one group and reported on other groups in the 1990’s. The nature of the deployment gave rise to risks to HN23's life and safety which, to an extent which cannot be precisely quantified, remain. They are more fully set out in the closed note which accompanies these reasons. Nothing short of anonymity in respect of real and cover name could obviate the risks. I would not be justified in running them. It is unavoidable that the evidence which HN23 can give will be given in a closed session.
 
  
An application for restriction order over real and cover names had been made; supporting evidence supplied to Inquiry,<ref name="explan.note.cti.14Nov17"/> but has not been published.
+
11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018"/>. Minded To (March 2018): real name restricted, but application over cover name refused.<ref name="mitting.mindedto5.7Mar2018"/>
 +
|- style="vertical-align:top;"
 +
| HN22
 +
| ''unknown''
 +
|
 +
| 20 February 2018, directions issued for any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18">[https://www.ucpi.org.uk/wp-content/uploads/2018/02/20180220-Headed-direction-for-February-SDS-tranche-applications..pdf Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Directions], ''Undercover Policing Inquiry'', 20 February 2018 (accessed 1 March 2018 via UCPI.org.uk).</ref>
 +
|- style="vertical-align:top;"
 +
| [[HN23]]
 +
| ''unknown''
 +
| Ruling (Feb 2018): real and cover name to be restricted.<ref name="mitting.ruling.20Feb18"/>
 +
| SDS UCO in 1990s.
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| N24
 
| N24
Line 109: Line 133:
 
| SDS Management. [[N81]] stated to Op. Herne: 'I was informed, at the height of the Macpherson Inquiry, that my reporting was going straight to Sir Paul Condon’s desk each morning via N24, and N127 (SDS Sgt) passed on to me from N24 congratulations from the Commissioner for your excellent reporting...' (Ellison, p. 232).<ref name="ellison.1"/>
 
| SDS Management. [[N81]] stated to Op. Herne: 'I was informed, at the height of the Macpherson Inquiry, that my reporting was going straight to Sir Paul Condon’s desk each morning via N24, and N127 (SDS Sgt) passed on to me from N24 congratulations from the Commissioner for your excellent reporting...' (Ellison, p. 232).<ref name="ellison.1"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN26
+
| HN25
 
| ''unknown''
 
| ''unknown''
| Minded-To: restrict real name, release cover name (Oct & Nov 2017).<ref name="upci.pr.23Oct2017">[https://www.ucpi.org.uk/wp-content/uploads/2017/10/20171023-press-release-SDS-anonymity-and-ROA-1974.pdf Supplementary ‘Minded to’ note on anonymity, updated and additional hearing dates, directions to the Metropolitan Police Service], ''Undercover Policing Inquiry'', 23 October 2017 (accessed 23 October 2017 via UCPI.org.uk).</ref><ref name="mitting.mindedto2.14Nov17"/>
+
| Minded To (March 2018): real name cannot be published; restriction order over cover name refused.<ref name="mitting.mindedto5.7Mar2018"/>
| SDS UCO (early/mid 1990s).
+
| SDS UCO, deployed in late 1980s/early 1990s against a group which no longer exists. In their 70s<ref name="mitting.mindedto5.7Mar2018"/>
  
They were a Special Branch officer prior to being recruited to SDS and 'promised lifelong anonymity along with personal safety assurances'.<ref name="hn26.ra.Aug17">Graham Walker, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-risk-assessment-from-the-MPS.pdf HN26 - Open risk assessment], ''Metropolitan Police Service'', 24 July 2017 (accessed via UCPI.org.uk).</ref> According to the 1994/1995 SDS annual review, cited by Herne I, N26 was the first officer to obtain a completely fictitious identity with the practice of using identities of deceased children being phased out starting November 1994 (5.4).<ref name="herne.1"/>
+
Mitting (March 2018): no real risk to HN25 from the target group, and there is strong sterile corridor between real and cover name. Investigation of the group necessary to fulfil the Inquiry's terms of reference. A particular reason exists as to why there might be impact on HN25's private and family life, which justifies the restriction on publishing HN25's real name.<ref name="mitting.mindedto5.7Mar2018"/>
  
An application for full anonymity for HN26 had been made in March 2016:<ref name="counsel.note.3Aug17"/> In August 2017, the Metropolitan Police applied to restrict HN26's reall name only <ref>[https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-application-from-the-MPS.pdf Open application for a restriction order (anonymity) re: N26], ''Metropolitan Police Service'', 30 July 2017 (accessed via UCPI.org.uk).</ref> while HN26's solicitors (S&G) applied for both cover and real names to be subject to a restriction order.<ref>[https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-supplemental-application-from-Slater-Gordon.pdf Open revised supplemental application on behalf of N26 for restriction orders], ''Slater & Gordon LLP'' (solicitors), 21 July 2017 (accessed via UCPI.org.uk).</ref> HN26 has not cooperated with the risk assessment, refusing to meet the risk assessor and providing information only through his lawyer.<ref name="hn26.ra.Aug17"/>
+
11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018"/>
 
+
|- style="vertical-align:top;"
A closed session for on HN26's restriction order applications was to be held 'due to sensitivity of material being considered'<ref name="ucpi.pr.3Aug17"/> / 'detailed factors particular to this officer's circumstances'<ref name="ucpi.mitting.mindedto.3Aug17"/> and Mitting directed that NH26 should be present or at least contactable throughout the hearing.<ref name="ucpi.mitting.directions.3Aug17"/> This hearing took place by 14 November, with legal representatives for HN26 (S&G), the MPS and the Inquiry in attendance.<ref name="explan.note.cti.14Nov17"/>
+
| HN26
 
+
| ''[[Christine Green (alias)|Christine Green]]''
This closed hearing took place following which Mitting stated he was minded to release the cover name and restrict HN26's real name,<ref name="upci.pr.23Oct2017"/> stating in his Minded To (Oct 2013):<ref name="mitting.supp.minded-to.23Oct2017">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2017/10/20171023-supplementary-Minded-to.pdf Supplementary 'Minded-To'], ''Undercover Policing Inquiry'', 23 October 2017 (accessed 23 October 2017 via UCPI.org.uk).</ref>
+
| Ruling: restrict real name, release cover name (Dec 2017).<ref name=ucpi.ruling.5Dec17"/> Her cover name was confirmed 20 February 2018 following exposure by ''The Guardian'' and the ''Undercover Research Group''.<ref name="ucpi.covernames">[https://www.ucpi.org.uk/cover-names/ Cover names], ''Undercover Policing Inquiry'', updated 20 February 2018. See also their tweet of same day: [https://twitter.com/ucpinquiry/status/965919766924988416 Cover name confirmed: "Christine Green" - groups: Animal Liberation Front; London Animal Action, West London Hunt Saboteurs. 1994-1999], ''Twitter.com'', 20 February 2018 (accessed 20 February 2018)</ref>
:: It is necessary to permit the Inquiry’s terms of reference to be fulfilled that HN26’s cover name be published. The activities in which HN26 participated during deployment are matters of legitimate public concern. Others, not belonging to the Special Demonstration Squad, could, if alerted to the cover name of HN26 give evidence of potential value about them and about HN26’s participation in them. Unless the cover name is published, there is a real risk that the Inquiry would be deprived of such evidence. No practical means exists of obtaining such evidence from them unless the cover name of HN26 is published by the Inquiry. The Article 8(2) European Convention rights of HN26 are engaged, but the public interest identified above justifies the interference with them identified in the closed reasons which accompany this note.  
+
| SDS UCO (1994-1999) into animal rights groups. For full details see under her [[Christine Green (alias)|profile]].
:: Publication of the real name of HN26 by the Inquiry is not necessary to permit the terms of reference of the Inquiry to be fulfilled. Given that it is not necessary, it would be disproportionate to do so.
 
 
 
An unpublished closed note was stated to provide more detailed reasons.<ref name="mitting.supp.minded-to.23Oct2017"/>
 
 
 
The accompanying press release noted also:<ref name="upci.pr.23Oct2017"/>
 
:: The undercover police deployments of all three of these individuals [HN16, HN26, HN81] are of real interest to the Inquiry and the Chairman is of the view that there is no means of getting to the truth without the cover names being made public.
 
 
 
March 2016 material: [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N26-Open-Application.pdf open application], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/Open-Application-for-restriction-orders-by-separately-represented-officers.pdf S&G application], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N26-Personal-Statement-gisted.pdf personal statement (gisted)], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N26-Draft-Order.pdf draft order], and [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N15-N16-N26-N58-N81-N123-Gisted-Risk-Asessments-1.pdf risk assessment (gisted)].
 
 
 
August 2017 material: MPS have applied to [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-application-from-the-MPS.pdf MPS application to restrict real name (MPS)], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-supplemental-application-from-Slater-Gordon.pdf application to restrict both cover and real names (S&G)], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-medical-assessment.pdf expert medical evidence (Dr Walter Busuttil, fully redacted)], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-personal-statement.pdf personal statement (fully redacted)] & [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN26-Open-risk-assessment-from-the-MPS.pdf risk assessment (Graham Walker, mostly redacted)].  
 
  
 
Core participant; represented by Slater & Gordon.
 
Core participant; represented by Slater & Gordon.
Line 140: Line 154:
 
| SDS Undercover. Ellison cites Lambert's interview with Operation Herne as saying: "N27 (also deployed into a different left-wing group) and would have come across Peter Francis, certainly both were at Welling…" (Ellison, p. 214).<ref name="ellison.1"/>
 
| SDS Undercover. Ellison cites Lambert's interview with Operation Herne as saying: "N27 (also deployed into a different left-wing group) and would have come across Peter Francis, certainly both were at Welling…" (Ellison, p. 214).<ref name="ellison.1"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN33
+
| HN33/98
 
| ''unknown''
 
| ''unknown''
 
| Extent of restriction sought unclear; MPS to clarify.<ref name="explan.note.cti.14Nov17"/>
 
| Extent of restriction sought unclear; MPS to clarify.<ref name="explan.note.cti.14Nov17"/>
 +
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 +
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| HN34
 
| HN34
Line 149: Line 165:
 
| SDS Management / back office staff. No restriction order application made.<ref name="explan.note.cti.14Nov17"/>
 
| SDS Management / back office staff. No restriction order application made.<ref name="explan.note.cti.14Nov17"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| N40
+
| HN35
 +
| ''unknown''
 +
| Minded to (Mar 2018): Real name cannot be published.<ref name="mitting.mindedto5.7Mar2018"/>
 +
| SDS Det. Sergeant; cover officer for six deployed officers for between 2 &amp; 3 years during the last period of the existance of the Special Duties Squad.
 +
 
 +
Mitting (March 2018):<ref name="mitting.mindedto5.7Mar2018"/>
 +
: His evidence about at least three of them will have to be given entirely in closed session. Teh family background of, and the police duties performed outside the Special Duties Squad by HN35 create risks to the safety and well-being of HN35 and of the wider family.
 +
 
 +
Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.<ref name="ucpi.pr.25Jan18"/><ref name="mitting.mindedto4.25Jan2018"/>
 +
|- style="vertical-align:top;"
 +
| [[HN40|N40]]
 +
| ''unknown''
 +
| Ruling (Feb 2018): real and cover name to be restricted.<ref name="mitting.ruling.20Feb18"/>
 +
| SDS UCO in last decade of the unit.<ref name="mitting.mindedto2.14Nov17"/> Mentioned in relation to how information from the SDS, particularly on the identities of protestors, was passed on to the rest of the police (Herne II, 13.4, 24.1.3).<ref name="herne.2"/>
 +
|- style="vertical-align:top;"
 +
| HN41
 
| ''unknown''
 
| ''unknown''
| Minded-To: Neither real name or cover name to be published (Nov 2017).<ref name="mitting.mindedto2.14Nov17"/>
+
| Minded-to (25 Jan 2018): restriction order over both real and cover names.<ref name="ucpi.pr.25Jan18"/> Provisional decision (5 Mar 2018): restrict real & cover name<ref name="ucpi.pr.5Mar18"/>
| SDS UCO. Mentioned in relation to how information from the SDS, particularly on the identities of protestors, was passed on to the rest of the police (Herne II, 13.4, 24.1.3).<ref name="herne.2"/>
+
| SDS UCO deployed against two groups in the 1970s and 1980s, of which the principle target group no longer exists.<ref name="mitting.mindedto4.25Jan2018"/> States no relationships and never detained or arrested during deployment.<ref name="hn41.ImpState.21Dec17"/>
 +
 
 +
Spent 5 / 6 months working and studying in the SDS field office prior to delopyment. Then spent 4 / 5 months being 'seen, noticed and slowly allowing myself to be recruited' by the target group.<ref name="hn41.ImpState.21Dec17">'HN17', [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180302-HN41-Open_personal_impact_statement-1.pdf Personal Impact Statement (open)], ''Metropolitan Police Service'', 21 December 2017 (accessed via ucpi.org.uk).</ref>
 +
 
 +
According to the Risk Assessement: no formal training as an undercover; a 'guarantee of lifelong anonymity' was given verbally to HN41 by the Special Branch Detective Chief Superintendent; no evidence of an intimate relationship taking place during the deployment. 'The risk assessor highlighted that N41 provided significant intelligence to enable effective policing at demonstrations and public gatherings. H41 was witness to an event of significant interest to the Inquiry'. They stated that support recieved during the deployment was good. Post-deployment they had a public facing role involving protection duties.<ref  name="HN41.ra">Graham Walker, [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180302-HN41-Open_risk_assessment_final.pdf HN41 Open Risk Assessment], ''Metropolitan Police'', 23 February 2018 (accessed via ucpi.org.uk).</ref>
 +
 
 +
In their personal impact statement, they say:<ref name="hn41.ImpState.21Dec17"/>/
 +
: When I agreed to join SDS, I was informed by the Detective Chief Superintendent of 'S' Squad that both my real and cover identifies would be fully protected, kept secret in all but extreme criminal circumstances and subject to full confidentiality for me and my family's lifetime.
 +
: Throughout my SDS posting, I never formed close friendships or relationships with anyone, either male or female in teh group in which I was active, in any broad frotn groups or, persons in any way associated with any of the above. This includes sexual relationships. My persona was that of a loner.
 +
 
 +
No known allegation of misconduct, and according to Mitting 'given the nature of the deployment and the personal circumstances of HN41, it is very unlikely any plausible allegation of misconduct could be made'. In 60s and married.<ref name="mitting.mindedto4.25Jan2018"/>
 +
 
 +
The risk assessor set out that if HN41 was identified by those they had targeted there was a possibility of risk occuring, and the impact of any attack on them was classed as 'critical'.<ref  name="HN41.ra"/>
 +
 
 +
Mitting stated there was a 'real, but unquantifiable risk to the personal safety of HN41 if the real or cover name were to be published', and it would 'be neither necessary or proportionate to run that risk.' Publication of real or cover name would interfere with the private life / physical integrity of HN41 so not justified under Article 8(2). HN41 was apparently also promised lifetime anonymity which Mitting relied on, saying: 'HN41 was entitled to rely on that promise when undertaking the deployments referred to. In this case, it is a relevant factor.'<ref name="mitting.mindedto4.25Jan2018"/> The Chair added that open evidence from HN41 could be provided under his cypher, and protective measures used if giving open oral evidence.<ref name="mitting.mindedto4.25Jan2018"/>
 +
 
 +
Restriction order material: [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180302-HN41-Open_application_for_a_restriction_order-1.pdf (19 Dec 2017) open application], [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180302-HN41-Open_risk_assessment_final.pdf open risk assessment (Graham Walker, 23 Jan 2018)] &amp; [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180302-HN41-Open_personal_impact_statement-1.pdf open personal statement]. The application is listed for hearing on 21 March 2018.<ref name="ucpi.pr.5Mar18"/>
  
In November 2017, Mitting stated:
+
Represented by MPS 'Designated Lawyers Team'.
:: HN40 was deployed against two groups in the last decade of the existence of the SDS ''[1998-2008]''. If the true identity were to be discovered by members of them HN40 would be at real risk of serious violence by them or their associates. Nothing in the nature of the deployment or in what is known of HN40’s conduct of it could justify running that risk.
 
:: For reasons which can only be, and are, explained in the closed note accompanying these reasons, publication of the cover name would be likely eventually to lead to the discovery of the real name. That is not a risk which I am prepared to run. Even if Article 3 of the European Convention is not, on the facts, engaged, Article 8 is; and the interference with HN40’s right to respect for private and family life which would be occasioned by both the risk and occurrence of violence would not be justified under Article 8(2). Careful thought will, in the future, need to be given to the manner in which the evidence of HN40 will be received by the Inquiry.
 
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| N43
 
| N43
 
| [[Peter Francis]]
 
| [[Peter Francis]]
 
| Confirmed.
 
| Confirmed.
| Mentioned in Herne I (3.5, 3.6) though not by real name; his identity can be inferred as he was the only former undercover who provided a video interview to ''the Guardian''.<ref name="herne.1"/>
+
| SDS UCO, active 1993-1997 in Youth against Racism in Europe and Militant / Socialist Party.
 +
 
 +
Mentioned in Herne I (3.5, 3.6) though not by real name; his identity can be inferred as he was the only former undercover who provided a video interview to ''the Guardian''.<ref name="herne.1">Mick Creedon, [http://www.derbyshire.police.uk/Documents/About-Us/Herne/Operation-Herne---Report-1---Covert-Identities.pdf Operation Herne Report 1: Covert Identities], ''Metropolitan Police Service'', July 2013.</ref>  Peter Francis confirmed this was his cypher in a tweet of 23 January 2018.<ref>Peter Francis, [https://twitter.com/realspycop/status/955788147090251776 I really do hope I actually was a #Spycops or all those years of counselling were a total waste of money! Wow just imagine if it turns out I wasn't!! My totally unwanted Police anonymity number was N43], ''Twitter.com'', 23 January 2018 (accessed 23 January 2018).</ref>
 +
 
 +
On 25 January 2018, the Inquiry revealed that Francis had used three cover identities, 'Peter Johnson', 'Peter Daley' and 'Peter Black'. This was the first public revealing of the alias 'Peter Johnson', a name taken from that of a dead child. The Inquiry noted that it ' has been in touch with Peter Johnson’s close relatives who have made it very clear that they want the media to respect their privacy and not to seek to contact them by any means'.<ref>[https://www.ucpi.org.uk/wp-content/uploads/2018/01/20180125-press-release-Francis.pdf Press notice: No restriction sought over cover identities of Peter Francis], ''Undercover Policing Inquiry'', 25 January 2018 (accessed 28 January 2018).</ref>
 +
|- style="vertical-align:top;"
 +
| HN44
 +
| ''unknown''
 +
|
 +
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| N45
+
| HN45
 
| ''unknown''
 
| ''unknown''
 
| Minded-To: cover name can be published, but not real name (Nov 2017).<ref name="mitting.mindedto2.14Nov17"/>
 
| Minded-To: cover name can be published, but not real name (Nov 2017).<ref name="mitting.mindedto2.14Nov17"/>
Line 169: Line 223:
  
 
Mitting noted (Nov 2017):<ref name="mitting.mindedto2.14Nov17"/>
 
Mitting noted (Nov 2017):<ref name="mitting.mindedto2.14Nov17"/>
:: Only immediate family members are aware of HN45’s deployment. They are concerned about the damage to HN45’s reputation which might result from association in the real name with other now notorious undercover officers and from lies which might be told by others about HN45. HN45 undertook the role of an undercover officer in the expectation that identity would not be revealed. In respect of real identity, this expectation should be fulfilled unless it is in the public interest that it should be set aside – for example, if it were necessary to do so to permit an accusation of misconduct to be determined. It is not. Further, reputation is an aspect of HN45’s private life to which respect must be shown. Interference with it is not necessary to fulfil the terms of reference of the Inquiry.
+
: Only immediate family members are aware of HN45’s deployment. They are concerned about the damage to HN45’s reputation which might result from association in the real name with other now notorious undercover officers and from lies which might be told by others about HN45. HN45 undertook the role of an undercover officer in the expectation that identity would not be revealed. In respect of real identity, this expectation should be fulfilled unless it is in the public interest that it should be set aside – for example, if it were necessary to do so to permit an accusation of misconduct to be determined. It is not. Further, reputation is an aspect of HN45’s private life to which respect must be shown. Interference with it is not necessary to fulfil the terms of reference of the Inquiry.
:: The same considerations do not apply to the cover name. I accept, as claimed, that HN45 understood that the cover name would not be revealed publicly. I also accept, as contended, that it is unlikely that any member of any of the groups encountered by this officer, will be able to give evidence about the deployment because of the elapse of time and the death of the principal target. I cannot, however, exclude the possibility that disclosure of the cover name may prompt such evidence and that it may be necessary to receive it to fulfil the terms of reference of the Inquiry. I am satisfied on the basis of the risk assessment dated 10 July 2017 that the risk that disclosure of the cover name would lead to the identification of HN45 by real name is nil or negligible. In those circumstances, the balance of factors requires that the cover name is published.
+
: The same considerations do not apply to the cover name. I accept, as claimed, that HN45 understood that the cover name would not be revealed publicly. I also accept, as contended, that it is unlikely that any member of any of the groups encountered by this officer, will be able to give evidence about the deployment because of the elapse of time and the death of the principal target. I cannot, however, exclude the possibility that disclosure of the cover name may prompt such evidence and that it may be necessary to receive it to fulfil the terms of reference of the Inquiry. I am satisfied on the basis of the risk assessment dated 10 July 2017 that the risk that disclosure of the cover name would lead to the identification of HN45 by real name is nil or negligible. In those circumstances, the balance of factors requires that the cover name is published.
  
Closed reasons were also provided.
+
Closed reasons were also provided. On 4 January 2018 [https://www.ucpi.org.uk/wp-content/uploads/2018/01/20171221-HN45-Restriction-Order-CL.pdf Open application for restriction order] was released, but not Impact statement or Risk Assessment.
 +
|- style="vertical-align:top;"
 +
| HN48
 +
| ''unknown''
 +
|
 +
| 11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| N52
 
| N52
Line 181: Line 240:
 
| N53
 
| N53
 
| ''unknown''
 
| ''unknown''
|
+
| Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.<ref name="ucpi.pr.25Jan18"/>
| SDS Management. Authored a series of internal memos in 2002 in relation to a joint operation with the National Criminal Intelligence Service known as Op. Wisdom - in relation to the use of the 'Jackal run' process of using a deceased person's identity to obtain passports. "N53 explained that he believed that between 1968 and 2002 there had been one hundred and two (102) SDS officers who had been provided with covert identities. N53’s documentation stated that the majority of these UCO’s would have used a deceased child’s identity." (Herne I, 5.4 & 6.2).<ref name="herne.1"/> Mentioned as an ex-SDS Detective Inspector in relation to material being passed onto other units: Another ex-Detective Inspector, N53, told Herne: “The SDS retained nothing that would betray its identity” (Ellison, p. 201).<ref name="ellison.1"/> Briefly mentioned in relation to computerisation of SDS / Special Branch records circa 1998 (Herne II, 13.1).<ref name="herne.2"/>
+
| SDS Management. Authored a series of internal memos in 2002 in relation to a joint operation with the National Criminal Intelligence Service known as Op. Wisdom - in relation to the use of the 'Jackal run' process of using a deceased person's identity to obtain passports. "N53 explained that he believed that between 1968 and 2002 there had been one hundred and two (102) SDS officers who had been provided with covert identities. N53’s documentation stated that the majority of these UCO’s would have used a deceased child’s identity." (Herne I, 5.4 & 6.2).<ref name="herne.1"/> Mentioned as an ex-SDS Detective Inspector in relation to material being passed onto other units: Another ex-Detective Inspector, N53, told Herne: "The SDS retained nothing that would betray its identity" (Ellison, p. 201).<ref name="ellison.1"/> Briefly mentioned in relation to computerisation of SDS / Special Branch records circa 1998 (Herne II, 13.1).<ref name="herne.2"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| HN56
 
| HN56
 
| ''unknown''
 
| ''unknown''
 
| Extent of restriction sought unknown; MPS to clarify.<ref name="explan.note.cti.14Nov17"/>
 
| Extent of restriction sought unknown; MPS to clarify.<ref name="explan.note.cti.14Nov17"/>
 +
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 +
|- style="vertical-align:top;"
 +
| [[HN58]]
 +
| ''unknown''
 +
| Ruling (20 Feb 2018): real and cover names to be restricted.<ref name="mitting.ruling.20Feb18">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2018/02/20180220-ruling-SDS-anonymity.pdf In the matter of section 19(3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Ruling], ''Undercover Policing Inquiry'', 20 February 2018 (accessed 4 March 2018).</ref>
 +
| SDS UCO &amp; manager - was DCI in charge of unit 1997-2001 (considered a managerial position). Now aged over 60.<ref name="ucpi.HN58.20Dec2017">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2017/12/20171220-HN-58-Minded-To-Note.pdf On the application of HN58 for a restriction order in respect of real and cover name], ''Undercover Policing Inquiry", 20 December 2017.</ref><ref name="ucpi.mitting.mindedto.3Aug17">John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-Minded-to.pdf In the matter of section 19(3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad ‘Minded to’ note], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 3 August 2017 (accessed 5 August 2017).</ref>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN58
+
| HN59
 
| ''unknown''
 
| ''unknown''
| Initially Mitting minded to restrict both cover and real name (Aug 2017).<ref name="ucpi.pr.3Aug17"/> This position changed to considering publishing both cover and real name by separating the two; further submissions invited (Oct 2017).<ref name="upci.pr.23Oct2017"/> This changed again in November 2017, with the then minded-to suggesting publishing real name but not cover name - with further submissions invited and possibly a short closed hearing to take place.<ref name="explan.note.cti.14Nov17"/>
+
| Real name to be given 'when evidence relating to them is published before hearings'.<ref name="ucpi.pr.25Jan18"/>
| SDS UCO & manager. 'HN58 is now aged over 60. From 1997 to 2001, HN58 had a managerial position in the Special Demonstration Squad, having earlier being deployed as an undercover officer.'<ref name="ucpi.mitting.mindedto.3Aug17"/>
+
| Back office staff. No application to restrict real name was made.<ref name="mitting.mindedto4.25Jan2018"/>
 +
|- style="vertical-align:top;"
 +
| HN60
 +
| ''unknown''
 +
|
 +
| Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.<ref name="ucpi.pr.25Jan18"/><ref name="mitting.mindedto4.25Jan2018"/>
 +
|- style="vertical-align:top;"
 +
| HN61
 +
| ''unknown''
 +
| Minded-To: real name to be published (15 Jan 2018)<ref name="ucpi.pr2.15Jan2018"/>
 +
| SDS back office staff / manager only.<ref name="ucpi.pr2.15Jan2018"/> No application for a restriction order was made.<ref name="mindedto3.mitting.15Jan18"/>
 +
|- style="vertical-align:top;"
 +
| HN64
 +
| ''unknown''
 +
| Minded-To: restrict both cover & real names (Nov 2017)<ref name="mitting.mindedto2.14Nov17"/>Provisional decision (5 Mar 2018): restrict real & cover name; application to be heard on 21 March 2018<ref name="ucpi.pr.5Mar18"/>
 +
| SDS UCO in the 1990s where they were deployed against one group and reported on others.<ref name="mitting.mindedto2.14Nov17"/>
  
In August 2017 open applications from the MPS & HN58's lawyer to restrict cover and real names were published and accompanied by a personal statement, expert medical report & additional threat assessments.<ref name="counsel.note.3Aug17"/> Mitting in his 'Minded-To' indicated he would accept both applications, stating (Aug 2017, para. 4):<ref name="ucpi.mitting.mindedto.3Aug17"/>
+
No formal training as an undercover, but picked tradecraft up from other undercovers; in particular, recieved advice from one former undercover. Also refered to using a binder in the SDS back office for guidance. Was given verbal assurances of anonymity by SDS managers. The risk assessor also 'highlighted H64's personal courage during the deployment'. They note there was more support provided while with the SDS than given after and was dismayed by the lack of support recieved once the SDS deployment had concluded. The risk assessor said that if HN64 cover name, groups or dates were released, it would likely lead to HN64's real identify being discovered by those he had targeted and that the nature of the risk there was one of 'serious physical harm or death'.<ref name="hn64.ra">Graham Walker, [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180305-HN64-Open_risk_assessnent_final.pdf HN64 open risk assessment], ''Metropolitan Police'', 26 Octobert 2017 (accessed via ucpi.org.uk).</ref> His placing on the risk assessment metric is one of the highest among those made public, if not the highest.
:: The publication of any details about the deployment would give rise to some risk to HN58's personal safety. Further, in a report dated 18 January 2017 Professor Fox states that the publication of the cover name creates a slight risk of causing a stress reaction recognised in the 10th revision of the International Statistical Classification of Diseases and Related Health Problems. It is is not necessary to fulfil the Inquiry's terms of reference to run these risks. What matters is the evidence which HN58 can give about the discharge of HN58's managerial duties and evidence which can be given by others about it. The identity of HN58 is known to those who can do so. The cogency of HN58's evidence and theirs will not be diminished by the use of a cypher. It is likely that HN58 will have to give evidence from behind a screen. Closed reasons supplement this paragraph."
 
  
In October 2017, Mitting noted submissions from other non-police core participants and wrote:
+
Mitting noted in Nov 2017:<ref name="mitting.mindedto2.14Nov17"/>
:: The principal reason supporting the decision which I was minded to make to restrict publication of both real and cover names was concern for the safety of HN58, arising out of the deployment of HN58 as an undercover officer. It is possible that this concern could be met if evidence about the discharge of managerial duties by HN58 was given in the real name and evidence about HN58’s activities as an undercover officer was given entirely in closed session. Not much of public value would be lost thereby.
+
The deployment posed risks to HN64’s life and safety which, to an extent which cannot be precisely quantified, remain. The risks are explained in the closed note which accompanies these reasons. Nothing short of anonymity in respect of both real and cover names could obviate those risks. I would not be justified in running them. It is unavoidable that the evidence of HN64 will be given in closed session.
:: I invite submissions from all concerned with this issue, including HN58 on this alternative course. A short closed hearing may be required after open submissions have been made.
 
  
'''March 2016 application''': [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N58-Open-Application.pdf open application], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N58-Draft-Order.pdf draft order], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N58-Personal-Statement-gisted.pdf personal statement (gisted)] &amp; [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N15-N16-N26-N58-N81-N123-Gisted-Risk-Asessments-1.pdf risk assessment (gisted)].
+
[https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180302-HN64-Open_application_for_restriction_order-1.pdf Open application order ((26 Oct 2017)], [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180305-HN64-Open_risk_assessnent_final.pdf open risk assessment (Graham Walker, 26 Oct 2017)]
  
'''August 2017 application''': [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN58-Open-application-from-the-MPS.pdf open application for restriction order], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN58-Open-supplemental-application-from-Slater-Gordon.pdf open supplementary application for restriction order], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN58-Open-risk-assessment-from-the-MPS.pdf open risk assessment (David Reid)], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN58-Open-medical-assessment.pdf  medical statement (Prof. G. C. Fox; fully redacted)]
+
Represented by the MPS's 'Designated Lawyers Team'.
 
+
|- style="vertical-align:top;"
Core participant in the Inquiry, represented by Slater & Gordon.
+
| HN65
----
+
| ''unknown''
 
+
|
Though his names are not known, HN58 appears under his cypher in a number of related documents.
+
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 
 
'''MPS risk assessment''':<ref name="N58.RA.Aug17">David Reid, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN58-Open-risk-assessment-from-the-MPS.pdf N58 Risk Assessment (version 2 - gisted)], ''Metropolitan Police Service'', 25 May 2017 (accessed via UCPI.org.uk).</ref>
 
:: On recruitment as UCO: "There was a lot of secrecy about the SDS and N58 states that people didn't talk unnecessarily. N58 had no idea of the existence of the SDS when N58 first went to Special Branch. N58 gradually became aware because people N58 knew 'disappeared' for a number of years before returning." On being recruited into the SDS he received a home visit where he was assured of lifetime anonymity. He used the identity of a dead child. He also attended twice-weekly meetings with his supervisors while undercover.
 
 
 
'''Ellison Review''': Head of SDS in August 1998 as Detective Chief Inspector, when he received Lambert's report on the meeting between N81 and Richard Walton. In response, he commented: "An excellent meeting and a good example of the strides N81 has made over the last 12 months" (Ellison, page 229). Author of an SDS Intelligence Update in September 1998, titled 'Extremist involvement in the Stephen Lawrence Campaign' where he wrote: "N81’s unique insight into the behind-the-scenes machinations of the Lawrence campaign has also proved invaluable to A/DI Walton who is currently attached to the Stephen Lawrence review team" (Ellison, page 229).<ref name="ellison.1"/>
 
 
 
'''PCC Investigation''': HN58 was one of those investigated for gross misconduct by the IPCC following formal referral by the MPS in the wake of the 2014 Ellison Review's criticism of the meeting between Richard Walton and N81. In this investigation, HN58 was given the cypher N34 and it was noted he was "responsible for the management of officers deployed within Special Branch, including officers deployed within the Special Demonstration Squad (SDS) who worked undercover" (para.148). The report state HN58 was promoted to Detective Chief Inspector rank in 1997 and transferred to SDS in mid-1998, with Det. Insp. Bob Lambert working under him (para. 152, 194). In this, he answered to Detective Superintendent 'N35', who oversaw 'S Squad' which included the SDS (para. 190). He retired in 2001 (para. 152). HN58 was aware of the meeting between Walton and N81, though did not consider it inappropriate at the time (para. 158, 194).<ref name="IPCC.report.14Jan2016">Steve Bimson, [https://www.ipcc.gov.uk/sites/default/files/Documents/investigation_commissioner_reports/Final%20Report%20-%20Walton%20Lambert%20Black%20-%202%20March%202016.pdf Ellison Review - Walton, Lambert and Black: An investigation into the circumstances surrounding a meeting between A/Detective Inspector Richard Walton and an undercover officer on 14 August 1998], ''Independent Police Complaints Commission'', 14 January 2016.</ref>
 
 
 
During the IPCC investigation, HN58 was interviewed but declined to answer questions, though later provided a written statement (para. 151). The IPCC subsequently said there was not enough documentary or witness evidence (para. 217) to proceed with misconduct hearings against HN58 so on balance of probabilities there was no case to answer in respect of authorising the meeting between Lambert and N81, though there was retrospective knowledge of it. However, the author of the report did state: "With such a close working relationship between Robert Lambert and N34, it is inconceivable that Robert Lambert would have been able to make the arrangements for this meeting to take place without some knowledge on the part of N34" (para. 214). The author also noted that the meeting was initiated within the SDS itself, which leaves HN35, and his two superiors N34 and Colin Black in the frame (para. 219, 220).<ref name="IPCC.report.14Jan2016"/>
 
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| HN64
+
| HN66
 
| ''unknown''
 
| ''unknown''
| Minded-To: restrict both cover & real names (Nov 2017)<ref name="mitting.mindedto2.14Nov17"/>
+
| 15 Jan 2018, granted more time to provide the Inquiry with information in relation to their restriction order application.<ref name="ucpi.pr2.15Jan2018"/> Full application delayed so minded to decision cannot yet be reached.<ref name="mindedto3.mitting.15Jan18"/> Minded To (March 2018): real name cannot be published; application over cover name refused 'to the extent that it would prohibit disclosure of the names by which HN66 was known to members of the groups targeted'.<ref name="mitting.mindedto5.7Mar2018"/>
| SDS UCO in the 1990s where they were deployed against one group and reported on others.<ref name="mitting.mindedto2.14Nov17"/>
+
| SDS UCO deployed against a variety of groups in early / mid-2000s, none of which committed acts of serious violence. In 60s.
  
Mitting noted in Nov 2017:<ref name="mitting.mindedto2.14Nov17"/>
+
HN66 concerned his real name will be discovered if his cover name identified. Mitting finds the fears to be misplaced and overstated, and if real name discovered, principle impact would be media intrusion 'falling well short of harassment'. A closed note accompanies this reasoning.<ref name="mitting.mindedto5.7Mar2018"/>
The deployment posed risks to HN64’s life and safety which, to an extent which cannot be precisely quantified, remain. The risks are explained in the closed note which accompanies these reasons. Nothing short of anonymity in respect of both real and cover names could obviate those risks. I would not be justified in running them. It is unavoidable that the evidence of HN64 will be given in closed session.
 
  
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
Line 231: Line 299:
 
|
 
|
 
| SDS UCO (1981-1984). Used dead child identity; said at time of deployment there was no training manual but there was a 'best practice' reference folder (Herne I, 7.4 & 7.5).<ref name="herne.1"/>
 
| SDS UCO (1981-1984). Used dead child identity; said at time of deployment there was no training manual but there was a 'best practice' reference folder (Herne I, 7.4 & 7.5).<ref name="herne.1"/>
 +
 +
20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| HN68
 
| HN68
 
| ''unknown''
 
| ''unknown''
| Minded-To: real name cannot be published.<ref name="ucpi.mitting.mindedto.3Aug17"/>
+
| Ruling (Dec 2017): real name cannot be published, cover name to be released.<ref name=ucpi.ruling.5Dec17"/>
 
| SDS UCO & managerial; deceased. Deployed against groups from 1968 to 1974. Managerial position in SDS 1982-84.<ref name="ucpi.mitting.mindedto.3Aug17"/>
 
| SDS UCO & managerial; deceased. Deployed against groups from 1968 to 1974. Managerial position in SDS 1982-84.<ref name="ucpi.mitting.mindedto.3Aug17"/>
  
 
Cover name to be published, however, Mitting states: "As in the case of the living officers cited it is unlikely that the publication of his real name would prompt the giving or production of evidence necessary to permit the Inquiry to fulfil its terms of reference. Evidence about the discharge of his managerial duties can be given by reference to his cypher. The identity of HN68 is known to those who can give such evidence. Publication of his real name would be likely to interfere with the right of his widow to respect for her private life under Article 8 of the European Convention on Human Rights (‘the European Convention’). It is unlikely that such interference would be justified under Article 8(2). The possibility that disclosure of his cover name might interfere with her right is nil or negligible. Closed reasons accompany this note."<ref name="ucpi.mitting.mindedto.3Aug17"/>
 
Cover name to be published, however, Mitting states: "As in the case of the living officers cited it is unlikely that the publication of his real name would prompt the giving or production of evidence necessary to permit the Inquiry to fulfil its terms of reference. Evidence about the discharge of his managerial duties can be given by reference to his cypher. The identity of HN68 is known to those who can give such evidence. Publication of his real name would be likely to interfere with the right of his widow to respect for her private life under Article 8 of the European Convention on Human Rights (‘the European Convention’). It is unlikely that such interference would be justified under Article 8(2). The possibility that disclosure of his cover name might interfere with her right is nil or negligible. Closed reasons accompany this note."<ref name="ucpi.mitting.mindedto.3Aug17"/>
  
The MPS have submitted an [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN68-Open-application-from-the-MPS.pdf application to restrict N68's real name], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN68-Open-personal-statement-from-the-MPS.pdf a witness statement from his widow] and an [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN68-Open-risk-assessment-from-the-MPS.pdf open risk assessment (Mark Veljovic)]. The above information on N68 comes from Mitting's 'Minded-To' note, and does not appear in the risk assessment.
+
The MPS submitted an [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN68-Open-application-from-the-MPS.pdf application to restrict N68's real name], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN68-Open-personal-statement-from-the-MPS.pdf a witness statement from his widow] and an [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN68-Open-risk-assessment-from-the-MPS.pdf open risk assessment (Mark Veljovic)]. The above information on N68 comes from Mitting's 'Minded-To' note, and does not appear in the risk assessment.
 +
 
 +
The restriction order application over HN68's real name was heard at the hearing of 21 November 2017,<ref name="ucpi.hearing.transcript.21Nov17">[https://www.ucpi.org.uk/wp-content/uploads/2017/11/20171121-Anonymity-application-hearing-day-2-Draft-Transcript.pdf Transcript of hearing of 21 November 2017], Undercover Policing Inquiry, 21 November 2017.</ref> and the [https://www.ucpi.org.uk/wp-content/uploads/2017/12/20171208-restriction-order-HN68.pdf restriction order] issued on 8 December 2017. In granting the order, Mitting followed the reasons set out in his minded-to note of 3 August 2017.<ref name=ucpi.ruling.5Dec17"/>
  
 
As he deceased, HN68 is not a core participant.
 
As he deceased, HN68 is not a core participant.
Line 247: Line 319:
 
|  
 
|  
 
| SDS Chief Inspector (1986-1987). In his statement to Op. Herne stated '…new recruits were instructed on how to go about obtaining false birth certificates. They would obtain details of a deceased person of a similar age from Somerset House and then use those details to go about creating their legend.' (Herne I, 3.1)<ref name="herne.1"/>
 
| SDS Chief Inspector (1986-1987). In his statement to Op. Herne stated '…new recruits were instructed on how to go about obtaining false birth certificates. They would obtain details of a deceased person of a similar age from Somerset House and then use those details to go about creating their legend.' (Herne I, 3.1)<ref name="herne.1"/>
 +
|- style="vertical-align:top;"
 +
| HN71
 +
| ''unknown''
 +
| Minded-to (25 Jan 2018): restriction order over both real and cover names.<ref name="ucpi.pr.25Jan18"/>Provisional decision (5 Mar 2018): restrict real & cover name; application to be heard on 21 March 2018<ref name="ucpi.pr.5Mar18"/>
 +
| SDS UCO deployed against two groups in 1990s and 2000s.
 +
 +
Mitting states that if HN71's true identity was to be discovered then HN71 would be at 'real risk of serious violence by them or their associates. Nothing in the nature of the deployment or in what is known of HN71's conduct of it could justify running that risk.' There is some risk release of the cover name could lead to the real name. '[T]he intereference with HN71's right to respect for private and family life which would be occassioned by both the risk and occurance of violence would not be justified'.<ref name="mitting.mindedto4.25Jan2018"/>
 +
 +
According to his Personal Impact Statement:<ref name="hn71.ImpState.17Nov17">'HN71', [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180228-HN17_Personal_Impact_Statement-3.pdf Personal Impact Statement (redacted)], ''Metropolitan Police Service'', 17 November 2017 (accessed via ucpi.org.uk).</ref>
 +
: I was given express promise of confidentiality at home... I am tremendously proud of my deployment, but I don't want any of it known. If I knew I had to give evidence I wouldn't have done it.... I didn't apply for certain joibs because of SDS past... Friends say I should have been promotedd. I sacrificed a great deal for the SDS and now I fear for the safety of me and my family if named in real or cover name.
 +
and
 +
: I had no sexual relationships arising from my deployment. I didn't have any particularly intimate relationships, but there will be people who would have counted me as a good friend,and who will feel betrayed. They are the ones who would concern me most due to a loss of face.
 +
 +
Restriction order application material: [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180228-HN71_application_for_restriction_order-1.pdf Open application (17 Nov 2017)], [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180228-HN17_Personal_Impact_Statement-3.pdf open personal statement] &amp; [https://www.ucpi.org.uk/wp-content/uploads/2018/03/20180228-Gist_of_HN71_psychiatric_report-1.pdf medical report (gisted, Dr Paul McLaren)]
 +
 +
Represented by the MPS 'Designated Lawyer Team'.
 +
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| HN72 / N72
 
| HN72 / N72
Line 252: Line 341:
 
| Extension sought to deal with in a future tranche.<ref name="explan.note.cti.14Nov17"/>
 
| Extension sought to deal with in a future tranche.<ref name="explan.note.cti.14Nov17"/>
 
| SDS. Provided evidence that N81's tasking to spy on the Lawrence family came from Commissioner Stevens (Ellison, p. 253; Herne II, 21.1.15 &amp; 21.2).<ref name="herne.2"/> Operation Herne told Ellison that N72 did not serve with SDS until after the Macpherson Inquiry so his account should be treated as hearsay; Stevens also denied this (Ellison, p. 253).<ref name="ellison.1"/>
 
| SDS. Provided evidence that N81's tasking to spy on the Lawrence family came from Commissioner Stevens (Ellison, p. 253; Herne II, 21.1.15 &amp; 21.2).<ref name="herne.2"/> Operation Herne told Ellison that N72 did not serve with SDS until after the Macpherson Inquiry so his account should be treated as hearsay; Stevens also denied this (Ellison, p. 253).<ref name="ellison.1"/>
 +
 +
20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 +
|- style="vertical-align:top;"
 +
| HN77
 +
| ''unknown''
 +
|
 +
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| N78
 
| N78
Line 257: Line 353:
 
| Extent of restriction sought unclear; extension sought for MPS to supply application.<ref name="explan.note.cti.14Nov17"/>
 
| Extent of restriction sought unclear; extension sought for MPS to supply application.<ref name="explan.note.cti.14Nov17"/>
 
| SDS UCO. Joined Special Branch in 1986 and SDS in 1991. Deployed as an undercover into left-wing groups Summer 1991 to 1995, including some near the Lawrence campaign; had left the SDS by 1996 (Herne II, 12.2; Ellison, 6.4). Aware of Peter Francis' role; said he heard nothing indicating material to smear the Lawrences was being sought (Herne II, 21.1.14; Ellison, 6.3(p), 6.4). Considerable material from him covered in section 6.4 of the Ellison Review (Vol.1).<ref name="herne.2"/>
 
| SDS UCO. Joined Special Branch in 1986 and SDS in 1991. Deployed as an undercover into left-wing groups Summer 1991 to 1995, including some near the Lawrence campaign; had left the SDS by 1996 (Herne II, 12.2; Ellison, 6.4). Aware of Peter Francis' role; said he heard nothing indicating material to smear the Lawrences was being sought (Herne II, 21.1.14; Ellison, 6.3(p), 6.4). Considerable material from him covered in section 6.4 of the Ellison Review (Vol.1).<ref name="herne.2"/>
 +
 +
20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>
 +
|- style="vertical-align:top;"
 +
| HN79
 +
| ''unknown''
 +
|
 +
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18"/>[https://www.ucpi.org.uk/wp-content/uploads/2018/02/20180220-Headed-direction-for-February-SDS-tranche-applications..pdf Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Directions], ''Undercover Policing Inquiry'', 20 February 2018 (accessed 1 March 2018 via UCPI.org.uk).</ref>
 +
|- style="vertical-align:top;"
 +
| HN80
 +
| ''unknown''
 +
|
 +
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18">[https://www.ucpi.org.uk/wp-content/uploads/2018/02/20180220-Headed-direction-for-February-SDS-tranche-applications..pdf Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Directions], ''Undercover Policing Inquiry'', 20 February 2018 (accessed 1 March 2018 via UCPI.org.uk).</ref>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| [[N81|HN81 / N81]]
 
| [[N81|HN81 / N81]]
 
| ''unknown''
 
| ''unknown''
| Minded-To: Real name cannot be published, cover name can be.<ref name="upci.pr.23Oct2017"/>
+
| Ruling: Real name cannot be published, cover name and group targeted will be done in time.<ref name=ucpi.ruling.5Dec17"/>
 
| SDS UCO. Referred to extensively in the [[Ellison Review]] in relation to the targeting of the family of Stephen Lawrence.  
 
| SDS UCO. Referred to extensively in the [[Ellison Review]] in relation to the targeting of the family of Stephen Lawrence.  
  
 
On joining the SDS he received a home visit from two officers who affirmed he would have anonymity for the rest of their career. During his time undercover he would have twice-weekly meetings with his handlers, and following the end of his deployment he returned to Special Branch.<ref>David Reid, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN81-Open-risk-assessment-from-the-MPS.pdf HN81 - Open Risk Assessment (redacted)], ''Metropolitan Police Service''28 June 2017 (accessed via UCPI.org.uk).</ref>
 
On joining the SDS he received a home visit from two officers who affirmed he would have anonymity for the rest of their career. During his time undercover he would have twice-weekly meetings with his handlers, and following the end of his deployment he returned to Special Branch.<ref>David Reid, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN81-Open-risk-assessment-from-the-MPS.pdf HN81 - Open Risk Assessment (redacted)], ''Metropolitan Police Service''28 June 2017 (accessed via UCPI.org.uk).</ref>
  
In March 2016 N81's lawyers submitted applications for restriction orders of N81's real and cover names. Revised application and supporting material from the lawyers and MPS was released by the Inquiry in August 2017.<ref name="counsel.note.3Aug17"/>
+
Details of N81's restriction order applications can be found at the [[N81_in_the_Undercover_Policing_Inquiry|N81 in the Undercover Policing Inquiry]] page.
  
In August 2017 Mitting proposed to hold a closed session hearing over cover name to be held 'due to sensitivity of material being considered' - directions to be given separately.<ref name="ucpi.pr.3Aug17"/> As such he issued a direction that there should be a closed hearing to<br>(a) evaluate the risk to N81 and their partner,<br>(b) how they can be protected from that risk if the cover name is disclosed and<br>(c) if the risk cannot be taken how the issues can be fully investigated by the Inquiry.
+
N81 is a core participant and is represented by Slater & Gordon.
 +
|- style="vertical-align:top;"
 +
| HN82
 +
| ''unknown''
 +
|  Minded to (March 2018): Real name to be restricted; opportunity given to widow of HN82 to make a personal representation at a closed hearing about publication of cover name.<ref name="mitting.mindedto5.7Mar2018"/>
 +
| SDS UCO deployed against two groups in 1980s, one of which was violent. Deceased.
  
It was desired that N81 attends the hearing, but it was not ordered. Some additional bits of notification were to be provided to the Inquiry no later than 17 August 2017.<ref name="ucpi.mitting.directions.3Aug17">John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2017/08/20170803-directions-SDS.pdf In the matter of section 19(3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad Directions (Directions arising out of the 'Minded-To')], ''Undercover Policing Public Inquiry (UCPI.org.uk)'', 3 August 2017 (accessed 5 August 2017).</ref>
+
Risk assessor finds no risk to safety of his widow, but she has expressed concern all the same, and 'feels' the risk is real. Mitting not prepared to act on something vague, but given chance HN82's real name could be discovered via his cover name, the Chair is giving her a chance to make a representation at a closed hearing in respect of the cover name. A closed note also accompanies the open reasons provided in the Minded To.<ref name="mitting.mindedto5.7Mar2018"/>
  
Mitting stated at the time:<ref name="ucpi.mitting.mindedto.3Aug17"/>
+
11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018"/>
:: One of the reasons for setting up the Inquiry was to investigate these issues. I can at present see no means of resolving disputed questions of fact about them without the cover name of HN81 being published. One of the issues which I may have to determine is whether or not the group against which HN81 was deployed was steered towards the Lawrence family campaign by HN81. For others to be able to give evidence about that issue, they would have to know the cover name. HN81 is understandably concerned that revelation of the cover name may lead to the identification of the real name. This has had, and continues to have, an impact on HN81’s mental health. According to Dr Walter Busuttil, a consultant psychiatrist, in a report dated 15 February 2017, the impact has been significant and will be severe if the cover name is disclosed. HN81’s situation has also had an impact on the health and well-being of HN81’s partner. Their right to respect for their private and family life, including health and personal integrity, under Article 8 of the European Convention will be infringed unless the interference is justified under Article 8(2). The issue is both important and difficult. I propose, therefore, to take the exceptional course of conducting a closed hearing at which I can receive representations by or on behalf of HN81 and discuss possible means of reconciling HN81’s legitimate interests with those of the Inquiry. If necessary, I will thereafter invite representations from non-state core participants, if necessary at an open hearing. Closed reasons supplement this paragraph.
+
|- style="vertical-align:top;"
 
+
| HN83
In his October 2017 Supplementary 'Minded-To', Mitting wrote:<ref name="mitting.supp.minded-to.23Oct2017"/>
+
| ''unknown''
:: Following the closed hearing on 10 October 2017 I am minded to make a restriction order under section 19(3) of the Inquiries Act 2005 in respect of the real name of HN81 and to refuse the application in respect of the cover name.
+
| Minded to (March 2018): neither real or cover name can be pubished.<ref name="mitting.mindedto5.7Mar2018"/>
:: The Inquiry cannot fulfil its terms of reference on a critical issue – the alleged infiltration of the Lawrence family campaign and the intelligence gathered and reported upon it by undercover police officers, in particular HN81 – unless the cover name is published. It is essential that members of the group against which HN81 was deployed and others in the Lawrence family campaign should be able to give evidence about HN81’s actions. They cannot sensibly be expected to do so unless they know who HN81 was in the name by which HN81 was known to them. It is likely that this decision will have an adverse impact on HN81’s mental health and so interfere with the right to respect for the family and private life of HN81 and HN81’s partner. I am satisfied that the interference is justified under Article 8(2) of the European Convention on Human Rights (‘the European Convention’) because of the compelling public interest in getting to the truth about HN81’s deployment. Publication of the real name of HN81 by the Inquiry is not necessary to permit the terms of reference of the Inquiry to be fulfilled. Given that it is not necessary, it would be disproportionate to do so.
+
| SDS UCO, deployed against one group in mid-1980s.<ref name="mitting.mindedto5.7Mar2018"/>
 
 
The accompanying press release noted also:<ref name="upci.pr.23Oct2017"/>
 
:: The undercover police deployments of all three of these individuals [HN16, HN26, HN81] are of real interest to the Inquiry and the Chairman is of the view that there is no means of getting to the truth without the cover names being made public.
 
 
 
Unpublished close reasons were also issued setting reasons out in greater detail for this proposed decision. Mitting also stated:<ref name="mitting.supp.minded-to.23Oct2017"/>
 
:: If the decision proposed is made, neither the cover name of HN81 nor the name of the group against which HN81 was deployed will be published immediately, to permit steps to be taken to mitigate the impact on HN81’s mental health.
 
 
 
March 2016 application documents: [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N81-Open-Application.pdf open application] & [https://www.ucpi.org.uk/wp-content/uploads/2016/03/Open-Application-for-restriction-orders-by-separately-represented-officers.pdf S&G application], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N81-Draft-Order.pdf draft order], [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N81-Personal-Statement-gisted.pdf personal statement (gisted)] &amp; [https://www.ucpi.org.uk/wp-content/uploads/2016/03/N15-N16-N26-N58-N81-N123-Gisted-Risk-Asessments-1.pdf risk assessment (gisted)]
 
  
August 2017 documents: [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN81-Open-application-from-the-MPS.pdf open application for restriction order (MPS)], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN81-Open-supplemental-application-from-Slater-Gordon.pdf open supplementary application for restriction order (S&G)], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN81-Open-risk-assessment-from-the-MPS.pdf open risk assessment (David Reid)], [https://www.ucpi.org.uk/wp-content/uploads/2017/08/HN81-Open-medical-assessment.pdf open medical assessment]
+
Mitting (March 2018): The nature of the deployment and what I know of the personal circumstances of HN83, then and now, are inconsistent with personal wrongdoing during the deployment. The deployment created risks to the personal safety of HN83, which, to an extent whcih cannot be precisely estimated, remain. I am satisfied the risks are real. Although it would be desirable for evidence about the deploymetn of HN83 to be given in public and under the cover name, to do so would run those risks to safety. The risks are contingent... but if they were to materialise, the harm would be significant.
  
N81 is a core participant and is represented by Slater & Gordon.
+
11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| N85
 
| N85
Line 300: Line 405:
 
| SDS Head from 1993 to 1996, as Detective Chief Inspector; responsibilities included SDS recruitment & tasking. Author of a dcocument of 24 Sept 1993 referring to a 'new, violent anti-fascist group forming within Youth Against Racism'. Also authored the 1993/1994 SDS Annual Report which discussed left-wing campaigning around the death of Stephen Lawrence.<br>Left SDS for another post on 11 April 1996. On 21 April 1997 he took temporary control for six months of S Squad (the division which contained the SDS) due to illness of its Suptintendent.<br>Refused to provide a statement to Operation Herne. However, as he is central to the claims of Peter Francis regarding racism in the SDS and the tasking against the Lawrence family, N86 provided a statement for the Ellison Review in which he denied much of what Francis said. (Ellison 6.5 & 6.9(c)-(d); Herne II, 26.1.19)<ref name="ellison.1"/><ref name="herne.1"/>
 
| SDS Head from 1993 to 1996, as Detective Chief Inspector; responsibilities included SDS recruitment & tasking. Author of a dcocument of 24 Sept 1993 referring to a 'new, violent anti-fascist group forming within Youth Against Racism'. Also authored the 1993/1994 SDS Annual Report which discussed left-wing campaigning around the death of Stephen Lawrence.<br>Left SDS for another post on 11 April 1996. On 21 April 1997 he took temporary control for six months of S Squad (the division which contained the SDS) due to illness of its Suptintendent.<br>Refused to provide a statement to Operation Herne. However, as he is central to the claims of Peter Francis regarding racism in the SDS and the tasking against the Lawrence family, N86 provided a statement for the Ellison Review in which he denied much of what Francis said. (Ellison 6.5 & 6.9(c)-(d); Herne II, 26.1.19)<ref name="ellison.1"/><ref name="herne.1"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
| N88
+
| HN88
 
| ''unknown''
 
| ''unknown''
| Minded-To (Nov 2017): cover name to be published (application to restrict refused), real name to be restricted.<ref name="explan.note.cti.14Nov17"/>
+
| Minded-To (Nov 2017): cover name to be published, real name to be restricted.<ref name="explan.note.cti.14Nov17"/>
 
| SDS UCO. Deployed against community-based support groups in 1980s.<ref name="explan.note.cti.14Nov17"/>
 
| SDS UCO. Deployed against community-based support groups in 1980s.<ref name="explan.note.cti.14Nov17"/>
  
 
Application to restrict both cover and real names made with accompanying risk assessement and personal impact statement (all unpublished).<ref name="explan.note.cti.14Nov17"/>
 
Application to restrict both cover and real names made with accompanying risk assessement and personal impact statement (all unpublished).<ref name="explan.note.cti.14Nov17"/>
  
Mitting noted (Nov 2017): <ref name="mitting.mindedto2.14Nov17"/>
+
Mitting refused to restrict publication of HN88's cover name, noting (Nov 2017): <ref name="mitting.mindedto2.14Nov17"/>
 
:: One of the issues which the Inquiry must explore is whether or not the deployment was justified and what, if anything, of legitimate interest to the police occurred during the deployment. It is unlikely, due in part to the passage of time, that HN88 will be able to give detailed evidence about the deployment. In that event, and in any event, the Inquiry will wish to obtain, if possible, evidence from those against whom HN88 was deployed. This task will be at least impeded if the cover name is not published.
 
:: One of the issues which the Inquiry must explore is whether or not the deployment was justified and what, if anything, of legitimate interest to the police occurred during the deployment. It is unlikely, due in part to the passage of time, that HN88 will be able to give detailed evidence about the deployment. In that event, and in any event, the Inquiry will wish to obtain, if possible, evidence from those against whom HN88 was deployed. This task will be at least impeded if the cover name is not published.
 
:: Publication of HN88’s real name is not necessary to permit this to occur. It would give rise to an interference with private and family life, including HN88’s economic activity which would not be justified under Article 8(2) of the European Convention or fair to the officer. HN88 is concerned that if the cover name is published the real name might be identified. I am satisfied that the risk is so small as not to amount to a real risk and have therefore discounted it.
 
:: Publication of HN88’s real name is not necessary to permit this to occur. It would give rise to an interference with private and family life, including HN88’s economic activity which would not be justified under Article 8(2) of the European Convention or fair to the officer. HN88 is concerned that if the cover name is published the real name might be identified. I am satisfied that the risk is so small as not to amount to a real risk and have therefore discounted it.
Line 323: Line 428:
 
| SDS UCO. Deceased and no application made to restrict details.
 
| SDS UCO. Deceased and no application made to restrict details.
  
''Note from URG:'' Not clear if this is the same person as N89, mentioned in Ellison.
+
''Note from URG:'' Unclear if this is the same person as N89, mentioned in Ellison.
 +
|- style="vertical-align:top;"
 +
| HN90
 +
| ''unknown''
 +
|
 +
| 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.dir.20Feb18">[https://www.ucpi.org.uk/wp-content/uploads/2018/02/20180220-Headed-direction-for-February-SDS-tranche-applications..pdf Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Directions], ''Undercover Policing Inquiry'', 20 February 2018 (accessed 1 March 2018 via UCPI.org.uk).</ref>
 +
|- style="vertical-align:top;"
 +
| HN95
 +
| ''unknown''
 +
|
 +
| 11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018"/>. Minded To (March 2018): application delayed.<ref name="mitting.mindedto5.7Mar2018"/>
 +
|- style="vertical-align:top;"
 +
| HN96
 +
| ''unknown''
 +
| Minded to (March 2018): real name cannot be published; application to restrict cover name refused.<ref name="mitting.mindedto5.7Mar2018"/>
 +
| SDS UCO deployed principally against two groups and reported on others in late 1970s and early 1890s. Explicit assurances given by senior officers their identify would never be revealed. Currently in 70s.<ref name="mitting.mindedto5.7Mar2018"/>
 +
 
 +
Concerned about social media intrusion and effect of publicity on them and their family. Miting noted (March 2018): 'There is a strong sterile corridor between the real and cover name. Publication of the cover name would permit members of the target groups and others to provide information about the deployments of HN96. In that event, the Inquiry would likely to be better informed about them. It is not necessary to give effect to the assurances given to HN96 or to the right to respect for private and family life to restrict publication of the cover name'.<ref name="mitting.mindedto5.7Mar2018"/>
 +
 
 +
11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.<ref name="ucpi.directions.11Jan2018"/>
 
|- style="vertical-align:top;"
 
|- style="vertical-align:top;"
 
| HN99
 
| HN99
Line 330: Line 454:
 
| SDS Management / back office. No application for restriction made.<ref name="explan.note.cti.14Nov17"/>
 
| SDS Management / back office. No application for restriction made.<ref name="explan.note.cti.14Nov17"/>
 
|}
 
|}
 
For further N officers, with numbers 100 and higher, see [[N_officers_2|N officers 2]].
 
  
 
==Notes==
 
==Notes==

Revision as of 12:31, 13 March 2018


URG logo 1.png

This article is part of the Undercover Research Portal at Powerbase: investigating corporate and police spying on activists.


Part of a series on the
Undercover
Policing Inquiry
N Officers list
Description: A list of N & HN cyphers used to designate individual officers in the Inquiry and by Operation Herne (Part 1)

Police officers cited in the Undercover Policing Inquiry (UCPI) are generally designated by a cypher / nominal starting with N or HN followed by a number. The practice of assigning these cyphers was begun in by the Metropolitan Police inquiry Operation Herne which investigated the activities of the Special Demonstration Squad undercovers. It was subsequently adopted by Mark Ellison for his Review and the UCPI, both of which draw heavily on the material assembled by Operation Herne. The practice was also taken up by Operation Elter, investigating the National Public Order Intelligence Unit. The system appears to have changed in 2017, when the 3 August 2017 rulings and direction of the new Inquiry Chair, John Mitting, began using the 'HN' label, though the associated numbers appear to be unchanged.[1]

Due to the number of offices and associated details, the list has been split into several pages. This is page 1, covering N officers with cypher number up to 99.

  • Updated 10 March 2018; further details of restriction order applications, etc. can be found under individual officer pages were linked.

N Officers (1 - 99)

Cypher Name Status Notes
HN1 Likely to be Matt Rayner (alias) Minded-To: real name cannot be published.[2] SDS UCO. Deployed against animal rights groups 1992-1997; cover name already in public domain and there 'are allegations about his conduct which require to be publicly ventilated to permit the Inquiry to fulfil its terms of reference. Publication of his real name is not necessary to permit this to be achieved. It would carry significant risks to his physical safety and well-being and the well-being of his family.'[2]
HN2 unknown No restriction order applications made; cover name and real name to be published.[3] SDS UCO and cover officer.
HN3 unknown Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.[4][5]
N5 John Dines (a.k.a. John Barker) Confirmed.[6] SDS UCO
HN7 unknown Final restriction order over real and cover name, granted on 4 Sept 2017, on medical grounds .[1].[7] SDS UCO. Deployed in the late 1980s and early 1990s to three groups. Unconnected with his undercover deployment he sustained a significant head injury while a police officer. This injury and an unrelated condition have caused significant mental and personal problems, subject to a report by Prof. George Fox - who concludes there is a 'significant' ('highly likely to occur') risk of suicide if HN7's real or cover name were published.[8]
N9 unknown 15 Jan 2018, granted further time to provide the Inquiry with information being sought in relation to their restriction order application.[9][10] An SDS officer mentioned by N81 in his interview: "N9 later told me that it was quite usual for SDS management to arrange meetings between operatives and outside persons at the management’s homes. This was because such persons would not be able to attend SDS safe houses." (Ellison, p. 232).[11]
N10 Bob Lambert Confirmed.[12] SDS UCO & manager. Role in meeting between Richard Walton and N81 discussed in Herne II[13] and the Ellison Review.[14]

In March 2016 a restriction order application and supporting documents were filed on his behalf seeking some restriction on personal details being released by the Inquiry: Open Application, Personal Statement (open version), Draft Order. In October 2016, Pitchford issued a 'Minded-To' indicating he was willing to grant most of the order sought. Objections were to be received by 3 November 2016, but no final order is readily found on the Inquiry website.

Core participant; represented by Slater & Gordon.

HN12 unknown Minded-to (25 Jan 2018): grant restriction over real name; no application to restrict their cover name submitted which will be published once pre-publication checks have been made.[4][5] SDS UCO 1982-85, when deployed into two left wing groups successively. During this time he was arrested, prosecuted and fined for a minor offence under his cover name. Had a 'fleeting sexual encounter with a female activist'. According to Mitting, his deployment was unremarkable and gave rise to no known allegation of misconduct.[5]
HN13 unknown 15 Jan 2018: 'Minded-to' grant restriction order over real name; no application in relation to cover name which will be published in due course.[9] SDS UCO. Deceased. Infiltrated the Communist Party of England (Marxist-Leninist) from 1974 to 1978. Twice prosecuted for public order offences in his cover name and convicted once. No known allegation of misconduct.[10]

Survived by widow, now in early 70s. She claims her husband was assured of life-long confidentiality and would not have become an undercover officer otherwise. She wishes that her husband's memory, she and her family should be left in peace, and that a restriction order granted in both real and cover name. Mitting however notes there is a 'sterile corridor' preventing HN13's real name being discovered from his cover name and even if it was breached the risk to the widow etc. is negligible. Thus is no good reason preventing publishing of the cover name which may may permit those he targeted to come forward. As some risk of interference in private life of widow if real name published, that shall be restricted.[10]

N14 Jim Boyling Confirmed.[12] SDS UCO. In March 2016 a restriction order application and supporting documents were filed on his behalf seeking some restriction on personal details being released by the Inquiry: Open Application, Draft Order. In October 2017, Pitchford issued a 'Minded-To note indicating he would grant the order. Objections were to be received by 3 November 2016, but no final order is readily found on the Inquiry website. Mentioned in passing in Herne 1 (para. 2.1).[15]

Core participant; represented by Slater & Gordon.

HN15 unknown Restriction order applications refused. Real and cover names to be published in due course.[3] SDS UCO. Mentioned by Lambert as an SDS UCO who 'would have involvement in Stephen Lawrence campaign issues' (Ellison page 214).[14]
HN16 unknown Ruling: cover name to be released; real name to be restricted.[16] SDS UCO

N16 is a core participant and represented by Slater & Gordon.

HN17 unknown Minded-to: neither real or cover name can be published.[2] Provisional decision (5 Mar 2018): restrict real & cover name; application to be heard on 21 Feb 2018.[17] Application to be heard on 21 March 2018.[3] SDS UCO, targeting right wing groups.[2] Mentioned by Lambert as a contemporary of Peter Francis (early/mid 1990s) who infiltrated far right groups (Ellison, p. 214).[14]
HN19 unknown Minded-to (25 Jan 2018): grant restriction over real name; no application to restrict their cover name submitted which will be published once pre-publication checks have been made.[4] SDS UCO, from 1981 to 1985 he was deployed into two left wing groups which no longer exist 'as such'. Was arrested and cautioned for unlawful bill posting during deployment. No known allegation of misconduct during his deployment, which appears otherwise unremarkable according to Mitting. Was newly married when deployed. In 60s and married.[5]

Mitting states in his Jan 2018 'Minded To', that publication of real name is not necessary, and publication of his cover name will suffice to prompt any whom he interacted with to come forward to give evidence about his deployment. Has no concerns for his physical safety, but 'is concerned to avoid the intrusion into his and his wife's private and family life which might result from publication of his real name. In Mitting's view, publication of his real name would interfere with his Article 8(2) rights to private and family life.[5]

HN20 unknown 11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18] Minded To (Mar 2018): further information sought by Inquiry before 'minded to decision made.[19]
HN21 unknown Minded to (March 2018): real name to be restricted; application to restrict cover name refused.[19] SDS UCO. Deployed in late 1970s / early 1980s against one group and reported on others. In 60s.[19]

Risk to HN21 from groups is negligible; but they do suffer from depression, which Dr. Busuttil opined is at high risk of recurrance if real & cover names published. Mitting notes that deployment of HN21 is of 'some interest to the Inquiry' and needs a more thorough investigation than possible if explored simply under a cipher. "I am not, at present, convinced that measures cannot be take to avoid harmful impact on the healt of HN21. I will afford an opportunity to HN21 to consider such measures in a closed session and/or submit that they would be ineffective. A closed note accompanies these reasons."[19]

11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18]. Minded To (March 2018): real name restricted, but application over cover name refused.[19]

HN22 unknown 20 February 2018, directions issued for any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
HN23 unknown Ruling (Feb 2018): real and cover name to be restricted.[21] SDS UCO in 1990s.
N24 unknown Extension sought to be deal with in a future tranche.[7] SDS Management. N81 stated to Op. Herne: 'I was informed, at the height of the Macpherson Inquiry, that my reporting was going straight to Sir Paul Condon’s desk each morning via N24, and N127 (SDS Sgt) passed on to me from N24 congratulations from the Commissioner for your excellent reporting...' (Ellison, p. 232).[14]
HN25 unknown Minded To (March 2018): real name cannot be published; restriction order over cover name refused.[19] SDS UCO, deployed in late 1980s/early 1990s against a group which no longer exists. In their 70s[19]

Mitting (March 2018): no real risk to HN25 from the target group, and there is strong sterile corridor between real and cover name. Investigation of the group necessary to fulfil the Inquiry's terms of reference. A particular reason exists as to why there might be impact on HN25's private and family life, which justifies the restriction on publishing HN25's real name.[19]

11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18]

HN26 Christine Green Ruling: restrict real name, release cover name (Dec 2017).[16] Her cover name was confirmed 20 February 2018 following exposure by The Guardian and the Undercover Research Group.[22] SDS UCO (1994-1999) into animal rights groups. For full details see under her profile.

Core participant; represented by Slater & Gordon.

N27 unknown SDS Undercover. Ellison cites Lambert's interview with Operation Herne as saying: "N27 (also deployed into a different left-wing group) and would have come across Peter Francis, certainly both were at Welling…" (Ellison, p. 214).[14]
HN33/98 unknown Extent of restriction sought unclear; MPS to clarify.[7] 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
HN34 unknown Real name to be published.[7] SDS Management / back office staff. No restriction order application made.[7]
HN35 unknown Minded to (Mar 2018): Real name cannot be published.[19] SDS Det. Sergeant; cover officer for six deployed officers for between 2 & 3 years during the last period of the existance of the Special Duties Squad.

Mitting (March 2018):[19]

His evidence about at least three of them will have to be given entirely in closed session. Teh family background of, and the police duties performed outside the Special Duties Squad by HN35 create risks to the safety and well-being of HN35 and of the wider family.

Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.[4][5]

N40 unknown Ruling (Feb 2018): real and cover name to be restricted.[21] SDS UCO in last decade of the unit.[2] Mentioned in relation to how information from the SDS, particularly on the identities of protestors, was passed on to the rest of the police (Herne II, 13.4, 24.1.3).[13]
HN41 unknown Minded-to (25 Jan 2018): restriction order over both real and cover names.[4] Provisional decision (5 Mar 2018): restrict real & cover name[17] SDS UCO deployed against two groups in the 1970s and 1980s, of which the principle target group no longer exists.[5] States no relationships and never detained or arrested during deployment.[23]

Spent 5 / 6 months working and studying in the SDS field office prior to delopyment. Then spent 4 / 5 months being 'seen, noticed and slowly allowing myself to be recruited' by the target group.[23]

According to the Risk Assessement: no formal training as an undercover; a 'guarantee of lifelong anonymity' was given verbally to HN41 by the Special Branch Detective Chief Superintendent; no evidence of an intimate relationship taking place during the deployment. 'The risk assessor highlighted that N41 provided significant intelligence to enable effective policing at demonstrations and public gatherings. H41 was witness to an event of significant interest to the Inquiry'. They stated that support recieved during the deployment was good. Post-deployment they had a public facing role involving protection duties.[24]

In their personal impact statement, they say:[23]/

When I agreed to join SDS, I was informed by the Detective Chief Superintendent of 'S' Squad that both my real and cover identifies would be fully protected, kept secret in all but extreme criminal circumstances and subject to full confidentiality for me and my family's lifetime.
Throughout my SDS posting, I never formed close friendships or relationships with anyone, either male or female in teh group in which I was active, in any broad frotn groups or, persons in any way associated with any of the above. This includes sexual relationships. My persona was that of a loner.

No known allegation of misconduct, and according to Mitting 'given the nature of the deployment and the personal circumstances of HN41, it is very unlikely any plausible allegation of misconduct could be made'. In 60s and married.[5]

The risk assessor set out that if HN41 was identified by those they had targeted there was a possibility of risk occuring, and the impact of any attack on them was classed as 'critical'.[24]

Mitting stated there was a 'real, but unquantifiable risk to the personal safety of HN41 if the real or cover name were to be published', and it would 'be neither necessary or proportionate to run that risk.' Publication of real or cover name would interfere with the private life / physical integrity of HN41 so not justified under Article 8(2). HN41 was apparently also promised lifetime anonymity which Mitting relied on, saying: 'HN41 was entitled to rely on that promise when undertaking the deployments referred to. In this case, it is a relevant factor.'[5] The Chair added that open evidence from HN41 could be provided under his cypher, and protective measures used if giving open oral evidence.[5]

Restriction order material: (19 Dec 2017) open application, open risk assessment (Graham Walker, 23 Jan 2018) & open personal statement. The application is listed for hearing on 21 March 2018.[17]

Represented by MPS 'Designated Lawyers Team'.

N43 Peter Francis Confirmed. SDS UCO, active 1993-1997 in Youth against Racism in Europe and Militant / Socialist Party.

Mentioned in Herne I (3.5, 3.6) though not by real name; his identity can be inferred as he was the only former undercover who provided a video interview to the Guardian.[15] Peter Francis confirmed this was his cypher in a tweet of 23 January 2018.[25]

On 25 January 2018, the Inquiry revealed that Francis had used three cover identities, 'Peter Johnson', 'Peter Daley' and 'Peter Black'. This was the first public revealing of the alias 'Peter Johnson', a name taken from that of a dead child. The Inquiry noted that it ' has been in touch with Peter Johnson’s close relatives who have made it very clear that they want the media to respect their privacy and not to seek to contact them by any means'.[26]

HN44 unknown 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
HN45 unknown Minded-To: cover name can be published, but not real name (Nov 2017).[2] SDS UCO & Management. Currently in 70s they were deployed against groups in the 1970s, from which there is no known allegation of misconduct. Later had an administrative role in SDS in 1982-1983 which involved collation & internal distribution of intelligence reports, but 'not the tasking of undercover officers or target group selection.'[2]

Mitting noted (Nov 2017):[2]

Only immediate family members are aware of HN45’s deployment. They are concerned about the damage to HN45’s reputation which might result from association in the real name with other now notorious undercover officers and from lies which might be told by others about HN45. HN45 undertook the role of an undercover officer in the expectation that identity would not be revealed. In respect of real identity, this expectation should be fulfilled unless it is in the public interest that it should be set aside – for example, if it were necessary to do so to permit an accusation of misconduct to be determined. It is not. Further, reputation is an aspect of HN45’s private life to which respect must be shown. Interference with it is not necessary to fulfil the terms of reference of the Inquiry.
The same considerations do not apply to the cover name. I accept, as claimed, that HN45 understood that the cover name would not be revealed publicly. I also accept, as contended, that it is unlikely that any member of any of the groups encountered by this officer, will be able to give evidence about the deployment because of the elapse of time and the death of the principal target. I cannot, however, exclude the possibility that disclosure of the cover name may prompt such evidence and that it may be necessary to receive it to fulfil the terms of reference of the Inquiry. I am satisfied on the basis of the risk assessment dated 10 July 2017 that the risk that disclosure of the cover name would lead to the identification of HN45 by real name is nil or negligible. In those circumstances, the balance of factors requires that the cover name is published.

Closed reasons were also provided. On 4 January 2018 Open application for restriction order was released, but not Impact statement or Risk Assessment.

HN48 unknown 11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18]
N52 unknown SDS sergeant, who in 1998 received the memo from Bob Lambert on the meeting between Richard Walton and N81 (Ellison Review, p. 229).[14]
N53 unknown Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.[4] SDS Management. Authored a series of internal memos in 2002 in relation to a joint operation with the National Criminal Intelligence Service known as Op. Wisdom - in relation to the use of the 'Jackal run' process of using a deceased person's identity to obtain passports. "N53 explained that he believed that between 1968 and 2002 there had been one hundred and two (102) SDS officers who had been provided with covert identities. N53’s documentation stated that the majority of these UCO’s would have used a deceased child’s identity." (Herne I, 5.4 & 6.2).[15] Mentioned as an ex-SDS Detective Inspector in relation to material being passed onto other units: Another ex-Detective Inspector, N53, told Herne: "The SDS retained nothing that would betray its identity" (Ellison, p. 201).[14] Briefly mentioned in relation to computerisation of SDS / Special Branch records circa 1998 (Herne II, 13.1).[13]
HN56 unknown Extent of restriction sought unknown; MPS to clarify.[7] 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
HN58 unknown Ruling (20 Feb 2018): real and cover names to be restricted.[21] SDS UCO & manager - was DCI in charge of unit 1997-2001 (considered a managerial position). Now aged over 60.[27][28]
HN59 unknown Real name to be given 'when evidence relating to them is published before hearings'.[4] Back office staff. No application to restrict real name was made.[5]
HN60 unknown Jan 2018: more time granted 'to provide the Chairman with information in order for him to make a decision'.[4][5]
HN61 unknown Minded-To: real name to be published (15 Jan 2018)[9] SDS back office staff / manager only.[9] No application for a restriction order was made.[10]
HN64 unknown Minded-To: restrict both cover & real names (Nov 2017)[2]Provisional decision (5 Mar 2018): restrict real & cover name; application to be heard on 21 March 2018[17] SDS UCO in the 1990s where they were deployed against one group and reported on others.[2]

No formal training as an undercover, but picked tradecraft up from other undercovers; in particular, recieved advice from one former undercover. Also refered to using a binder in the SDS back office for guidance. Was given verbal assurances of anonymity by SDS managers. The risk assessor also 'highlighted H64's personal courage during the deployment'. They note there was more support provided while with the SDS than given after and was dismayed by the lack of support recieved once the SDS deployment had concluded. The risk assessor said that if HN64 cover name, groups or dates were released, it would likely lead to HN64's real identify being discovered by those he had targeted and that the nature of the risk there was one of 'serious physical harm or death'.[29] His placing on the risk assessment metric is one of the highest among those made public, if not the highest.

Mitting noted in Nov 2017:[2] The deployment posed risks to HN64’s life and safety which, to an extent which cannot be precisely quantified, remain. The risks are explained in the closed note which accompanies these reasons. Nothing short of anonymity in respect of both real and cover names could obviate those risks. I would not be justified in running them. It is unavoidable that the evidence of HN64 will be given in closed session.

Open application order ((26 Oct 2017), open risk assessment (Graham Walker, 26 Oct 2017)

Represented by the MPS's 'Designated Lawyers Team'.

HN65 unknown 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
HN66 unknown 15 Jan 2018, granted more time to provide the Inquiry with information in relation to their restriction order application.[9] Full application delayed so minded to decision cannot yet be reached.[10] Minded To (March 2018): real name cannot be published; application over cover name refused 'to the extent that it would prohibit disclosure of the names by which HN66 was known to members of the groups targeted'.[19] SDS UCO deployed against a variety of groups in early / mid-2000s, none of which committed acts of serious violence. In 60s.

HN66 concerned his real name will be discovered if his cover name identified. Mitting finds the fears to be misplaced and overstated, and if real name discovered, principle impact would be media intrusion 'falling well short of harassment'. A closed note accompanies this reasoning.[19]

N67 unknown SDS UCO (1981-1984). Used dead child identity; said at time of deployment there was no training manual but there was a 'best practice' reference folder (Herne I, 7.4 & 7.5).[15]

20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]

HN68 unknown Ruling (Dec 2017): real name cannot be published, cover name to be released.[16] SDS UCO & managerial; deceased. Deployed against groups from 1968 to 1974. Managerial position in SDS 1982-84.[28]

Cover name to be published, however, Mitting states: "As in the case of the living officers cited it is unlikely that the publication of his real name would prompt the giving or production of evidence necessary to permit the Inquiry to fulfil its terms of reference. Evidence about the discharge of his managerial duties can be given by reference to his cypher. The identity of HN68 is known to those who can give such evidence. Publication of his real name would be likely to interfere with the right of his widow to respect for her private life under Article 8 of the European Convention on Human Rights (‘the European Convention’). It is unlikely that such interference would be justified under Article 8(2). The possibility that disclosure of his cover name might interfere with her right is nil or negligible. Closed reasons accompany this note."[28]

The MPS submitted an application to restrict N68's real name, a witness statement from his widow and an open risk assessment (Mark Veljovic). The above information on N68 comes from Mitting's 'Minded-To' note, and does not appear in the risk assessment.

The restriction order application over HN68's real name was heard at the hearing of 21 November 2017,[30] and the restriction order issued on 8 December 2017. In granting the order, Mitting followed the reasons set out in his minded-to note of 3 August 2017.[16]

As he deceased, HN68 is not a core participant.

N69 unknown SDS Chief Inspector (1986-1987). In his statement to Op. Herne stated '…new recruits were instructed on how to go about obtaining false birth certificates. They would obtain details of a deceased person of a similar age from Somerset House and then use those details to go about creating their legend.' (Herne I, 3.1)[15]
HN71 unknown Minded-to (25 Jan 2018): restriction order over both real and cover names.[4]Provisional decision (5 Mar 2018): restrict real & cover name; application to be heard on 21 March 2018[17] SDS UCO deployed against two groups in 1990s and 2000s.

Mitting states that if HN71's true identity was to be discovered then HN71 would be at 'real risk of serious violence by them or their associates. Nothing in the nature of the deployment or in what is known of HN71's conduct of it could justify running that risk.' There is some risk release of the cover name could lead to the real name. '[T]he intereference with HN71's right to respect for private and family life which would be occassioned by both the risk and occurance of violence would not be justified'.[5]

According to his Personal Impact Statement:[31]

I was given express promise of confidentiality at home... I am tremendously proud of my deployment, but I don't want any of it known. If I knew I had to give evidence I wouldn't have done it.... I didn't apply for certain joibs because of SDS past... Friends say I should have been promotedd. I sacrificed a great deal for the SDS and now I fear for the safety of me and my family if named in real or cover name.

and

I had no sexual relationships arising from my deployment. I didn't have any particularly intimate relationships, but there will be people who would have counted me as a good friend,and who will feel betrayed. They are the ones who would concern me most due to a loss of face.

Restriction order application material: Open application (17 Nov 2017), open personal statement & medical report (gisted, Dr Paul McLaren)

Represented by the MPS 'Designated Lawyer Team'.

HN72 / N72 unknown Extension sought to deal with in a future tranche.[7] SDS. Provided evidence that N81's tasking to spy on the Lawrence family came from Commissioner Stevens (Ellison, p. 253; Herne II, 21.1.15 & 21.2).[13] Operation Herne told Ellison that N72 did not serve with SDS until after the Macpherson Inquiry so his account should be treated as hearsay; Stevens also denied this (Ellison, p. 253).[14]

20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]

HN77 unknown 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
N78 unknown Extent of restriction sought unclear; extension sought for MPS to supply application.[7] SDS UCO. Joined Special Branch in 1986 and SDS in 1991. Deployed as an undercover into left-wing groups Summer 1991 to 1995, including some near the Lawrence campaign; had left the SDS by 1996 (Herne II, 12.2; Ellison, 6.4). Aware of Peter Francis' role; said he heard nothing indicating material to smear the Lawrences was being sought (Herne II, 21.1.14; Ellison, 6.3(p), 6.4). Considerable material from him covered in section 6.4 of the Ellison Review (Vol.1).[13]

20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]

HN79 unknown 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Directions, Undercover Policing Inquiry, 20 February 2018 (accessed 1 March 2018 via UCPI.org.uk).</ref>
HN80 unknown 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
HN81 / N81 unknown Ruling: Real name cannot be published, cover name and group targeted will be done in time.[16] SDS UCO. Referred to extensively in the Ellison Review in relation to the targeting of the family of Stephen Lawrence.

On joining the SDS he received a home visit from two officers who affirmed he would have anonymity for the rest of their career. During his time undercover he would have twice-weekly meetings with his handlers, and following the end of his deployment he returned to Special Branch.[32]

Details of N81's restriction order applications can be found at the N81 in the Undercover Policing Inquiry page.

N81 is a core participant and is represented by Slater & Gordon.

HN82 unknown Minded to (March 2018): Real name to be restricted; opportunity given to widow of HN82 to make a personal representation at a closed hearing about publication of cover name.[19] SDS UCO deployed against two groups in 1980s, one of which was violent. Deceased.

Risk assessor finds no risk to safety of his widow, but she has expressed concern all the same, and 'feels' the risk is real. Mitting not prepared to act on something vague, but given chance HN82's real name could be discovered via his cover name, the Chair is giving her a chance to make a representation at a closed hearing in respect of the cover name. A closed note also accompanies the open reasons provided in the Minded To.[19]

11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18]

HN83 unknown Minded to (March 2018): neither real or cover name can be pubished.[19] SDS UCO, deployed against one group in mid-1980s.[19]

Mitting (March 2018): The nature of the deployment and what I know of the personal circumstances of HN83, then and now, are inconsistent with personal wrongdoing during the deployment. The deployment created risks to the personal safety of HN83, which, to an extent whcih cannot be precisely estimated, remain. I am satisfied the risks are real. Although it would be desirable for evidence about the deploymetn of HN83 to be given in public and under the cover name, to do so would run those risks to safety. The risks are contingent... but if they were to materialise, the harm would be significant.

11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18]

N85 Roger Pearce Confirmed.[33] SDS UCO & manager. Head of Special Branch and Director of Intelligence for Metropolitan Police Service. See under profile for mentions of him in Herne I and the Ellison Review.
N86 unknown Extent of restriction sought unclear; extension sought for MPS to supply application.[7] SDS Head from 1993 to 1996, as Detective Chief Inspector; responsibilities included SDS recruitment & tasking. Author of a dcocument of 24 Sept 1993 referring to a 'new, violent anti-fascist group forming within Youth Against Racism'. Also authored the 1993/1994 SDS Annual Report which discussed left-wing campaigning around the death of Stephen Lawrence.
Left SDS for another post on 11 April 1996. On 21 April 1997 he took temporary control for six months of S Squad (the division which contained the SDS) due to illness of its Suptintendent.
Refused to provide a statement to Operation Herne. However, as he is central to the claims of Peter Francis regarding racism in the SDS and the tasking against the Lawrence family, N86 provided a statement for the Ellison Review in which he denied much of what Francis said. (Ellison 6.5 & 6.9(c)-(d); Herne II, 26.1.19)[14][15]
HN88 unknown Minded-To (Nov 2017): cover name to be published, real name to be restricted.[7] SDS UCO. Deployed against community-based support groups in 1980s.[7]

Application to restrict both cover and real names made with accompanying risk assessement and personal impact statement (all unpublished).[7]

Mitting refused to restrict publication of HN88's cover name, noting (Nov 2017): [2]

One of the issues which the Inquiry must explore is whether or not the deployment was justified and what, if anything, of legitimate interest to the police occurred during the deployment. It is unlikely, due in part to the passage of time, that HN88 will be able to give detailed evidence about the deployment. In that event, and in any event, the Inquiry will wish to obtain, if possible, evidence from those against whom HN88 was deployed. This task will be at least impeded if the cover name is not published.
Publication of HN88’s real name is not necessary to permit this to occur. It would give rise to an interference with private and family life, including HN88’s economic activity which would not be justified under Article 8(2) of the European Convention or fair to the officer. HN88 is concerned that if the cover name is published the real name might be identified. I am satisfied that the risk is so small as not to amount to a real risk and have therefore discounted it.

A closed note was also issued setting out further details.[2]

N89 unknown SDS UCO; infiltrated far right in 1990s and 'involved in public order situations where left and right attended'; contemporary of Peter Francis who would confide in N89.[14]
HN89 unknown Minded-to (Nov 2017): real & cover name to be published.[7] SDS UCO. Deceased and no application made to restrict details.

Note from URG: Unclear if this is the same person as N89, mentioned in Ellison.

HN90 unknown 20 February 2018, directions issued that any application for restriction orders to be submitted by 26 & 28 February 2018 for MPS and Designated Lawyers Team respectively.[20]
HN95 unknown 11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18]. Minded To (March 2018): application delayed.[19]
HN96 unknown Minded to (March 2018): real name cannot be published; application to restrict cover name refused.[19] SDS UCO deployed principally against two groups and reported on others in late 1970s and early 1890s. Explicit assurances given by senior officers their identify would never be revealed. Currently in 70s.[19]

Concerned about social media intrusion and effect of publicity on them and their family. Miting noted (March 2018): 'There is a strong sterile corridor between the real and cover name. Publication of the cover name would permit members of the target groups and others to provide information about the deployments of HN96. In that event, the Inquiry would likely to be better informed about them. It is not necessary to give effect to the assurances given to HN96 or to the right to respect for private and family life to restrict publication of the cover name'.[19]

11 January 2018, directions issued for any application for restriction orders to be submitted by 30 & 31 January 2018 for MPS and Designated Lawyers Team respectively.[18]

HN99 unknown Real name to be published[7] SDS Management / back office. No application for restriction made.[7]

Notes

  1. 1.0 1.1 Press Release: 'Minded to' note, ruling and directions in respect of anonymity applications relating to former officers of the Special Demonstration Squad, Undercover Policing Public Inquiry (UCPI.org.uk), 3 August 2017 (accessed 3 August 2017).
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 In the matter of section 19 (3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad ‘Minded to’ note 2, Undercover Policing Inquiry, 14 November 2017 (accessed 15 November 2017)
  3. 3.0 3.1 3.2 Kate Wilkinson, Counsel to the Inquiry's Explanatory Note to accompany the Chairman's 'Minded-To' Note 5 in respect of applications for restrictions ovr teh real and cover names of officers of the Special Demonstration Squad and the Special Demonstration Squad - Update as at 7th March 2018, Undercover Policing Inquiry, 7 March 2018 (accessed 8 March 2018).
  4. 4.0 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 Press Notice: Decisions relating to anonymity applications: Special Demonstration Squad, Undercover Policing Inquiry, 25 January 2018 (accessed 25 January 2018).
  5. 5.00 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 5.10 5.11 5.12 Sir John Mitting, In the matter of section 19(3) of the Inquiries Act 2005. Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and Special Demonstration Squad - 'Minded To' Note 4, Undercover Policing Inquiry, 25 January 2018 (accessed 25 January 2018).
  6. No anonymity sought for N5, Undercover Policing Public Inquiry (UCPI.org.uk), 20 December 2017 (accessed 5 August 2017).
  7. 7.00 7.01 7.02 7.03 7.04 7.05 7.06 7.07 7.08 7.09 7.10 7.11 7.12 7.13 7.14 Counsel to the Inquiry's Explanatory note to accompany the 'Minded-To' Note (2) in respect for restrictions over the real and cover names of officers of the Special Operations Squad and the Special Demonstration Squad, Undercover Policing Inquiry, 14 November 2017 (accessed 15 November 2017).
  8. John Mitting, In the matter of section 19(3) of the Inquiries Act 2005 Application for restriction order in respect of HN7 Ruling (Ruling in respect of HN7), Undercover Policing Public Inquiry (UCPI.org.uk), 3 August 2017 (accessed 5 August 2017).
  9. 9.0 9.1 9.2 9.3 9.4 Press notice - ‘Minded-to’ anonymity: Special Demonstration Squad Officers (HN13, HN296, HN304, HN339, HN340, HN354, HN356/124, HN61, HN819, HN109, HN9, HN66), Undercover Policing Inquiry, 15 January 2018 (accessed 15 January 2018).
  10. 10.0 10.1 10.2 10.3 10.4 Sir John Mitting, Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstration Squad: 'Minded to' note 3, Undercover Policing Inquiry, 15 January 2018 (accessed 15 January 2018).
  11. Mark Ellison, The Stephen Lawrence Independent Review - Volume 1: Possible corruption and the role of undercover policing in the Stephen Lawrence case, Gov.UK, March 2014.
  12. 12.0 12.1 The Chairman’s ‘Minded to’ note on applications for restriction orders in respect of two former undercover police officers, Undercover Policing Public Inquiry (UCPI.org.uk), 20 October 2016 (accessed 5 August 2017).
  13. 13.0 13.1 13.2 13.3 13.4 Mick Creedon, Operation Herne: Report 2 - Allegations of Peter Francis, Metropolitan Police Service, March 2014.
  14. 14.0 14.1 14.2 14.3 14.4 14.5 14.6 14.7 14.8 14.9 Mark Ellison, Possible corruption and the role of undercover policing in the Stephen Lawrence case, Stephen Lawrence Independent Review, Vol. 1, Gov.UK, March 2014
  15. 15.0 15.1 15.2 15.3 15.4 15.5 Mick Creedon, Operation Herne Report 1: Covert Identities, Metropolitan Police Service, July 2013.
  16. 16.0 16.1 16.2 16.3 16.4 Sir John Mitting, Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstration Squad: Ruling, Undercover Policing Inquiry, 5 December 2017 (accessed 9 December 2017).
  17. 17.0 17.1 17.2 17.3 17.4 Press notice - Publication of documents relatign to Special Demonstration Squad anonymity applications for hearing on 21 March 2018, Undercover Policing Inquiry, 5 March 2018 (accessed 5 March 2018).
  18. 18.0 18.1 18.2 18.3 18.4 18.5 18.6 18.7 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad: Directions, Undercover Policing Inquiry, 11 January 2018 (accessed 11 January 2018).
  19. 19.00 19.01 19.02 19.03 19.04 19.05 19.06 19.07 19.08 19.09 19.10 19.11 19.12 19.13 19.14 19.15 19.16 19.17 19.18 19.19 Sir John Mitting, In the matter of section 19(3) of the Inquiries Act 2005. Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and Special Demonstration Squad - 'Minded To' Note 5, Undercover Policing Inquiry, 7 March 2018 (accessed 10 March 2018).
  20. 20.00 20.01 20.02 20.03 20.04 20.05 20.06 20.07 20.08 20.09 20.10 20.11 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Directions, Undercover Policing Inquiry, 20 February 2018 (accessed 1 March 2018 via UCPI.org.uk).
  21. 21.0 21.1 21.2 Sir John Mitting, In the matter of section 19(3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad - Ruling, Undercover Policing Inquiry, 20 February 2018 (accessed 4 March 2018).
  22. Cover names, Undercover Policing Inquiry, updated 20 February 2018. See also their tweet of same day: Cover name confirmed: "Christine Green" - groups: Animal Liberation Front; London Animal Action, West London Hunt Saboteurs. 1994-1999, Twitter.com, 20 February 2018 (accessed 20 February 2018)
  23. 23.0 23.1 23.2 'HN17', Personal Impact Statement (open), Metropolitan Police Service, 21 December 2017 (accessed via ucpi.org.uk).
  24. 24.0 24.1 Graham Walker, HN41 Open Risk Assessment, Metropolitan Police, 23 February 2018 (accessed via ucpi.org.uk).
  25. Peter Francis, I really do hope I actually was a #Spycops or all those years of counselling were a total waste of money! Wow just imagine if it turns out I wasn't!! My totally unwanted Police anonymity number was N43, Twitter.com, 23 January 2018 (accessed 23 January 2018).
  26. Press notice: No restriction sought over cover identities of Peter Francis, Undercover Policing Inquiry, 25 January 2018 (accessed 28 January 2018).
  27. Sir John Mitting, On the application of HN58 for a restriction order in respect of real and cover name, Undercover Policing Inquiry", 20 December 2017.
  28. 28.0 28.1 28.2 John Mitting, In the matter of section 19(3) of the Inquiries Act 2005 Applications for restriction orders in respect of the real and cover names of officers of the Special Operations Squad and the Special Demonstrations Squad ‘Minded to’ note, Undercover Policing Public Inquiry (UCPI.org.uk), 3 August 2017 (accessed 5 August 2017).
  29. Graham Walker, HN64 open risk assessment, Metropolitan Police, 26 Octobert 2017 (accessed via ucpi.org.uk).
  30. Transcript of hearing of 21 November 2017, Undercover Policing Inquiry, 21 November 2017.
  31. 'HN71', Personal Impact Statement (redacted), Metropolitan Police Service, 17 November 2017 (accessed via ucpi.org.uk).
  32. David Reid, HN81 - Open Risk Assessment (redacted), Metropolitan Police Service28 June 2017 (accessed via UCPI.org.uk).
  33. No anonymity sought for Roger Pearce, Undercover Policing Public Inquiry (UCPI.org.uk), 29 March 2017 (accessed 3 August 2017).

,