Difference between revisions of "EN officers"
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| Real name will be restricted.<ref name="mitting.npoiu.mindedto3"/> Also given as N596. | | Real name will be restricted.<ref name="mitting.npoiu.mindedto3"/> Also given as N596. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
− | | EN33 | + | | [[EN33]] |
| ''restricted'' | | ''restricted'' | ||
| undercover | | undercover | ||
− | | Deployed in early years of NPOIU to groups that pose a 'real risk' to the officer. Mitting | + | | Deployed in early years of NPOIU to groups that pose a 'real risk' to the officer. Mitting has ruled both real and cover names will be restricted. |
− | |||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN34 | | EN34 | ||
| ''[[Lynn Watson (alias)|Lynn Watson]]'' | | ''[[Lynn Watson (alias)|Lynn Watson]]'' | ||
| undercover | | undercover | ||
− | | Deployed into various groups 2003-2008. Real name restricted.<ref name="mitting.npoiu.mindedto1.2May2018"/> | + | | Deployed into various groups 2003-2008. Real name restricted.<ref name="mitting.npoiu.mindedto1.2May2018">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2018/05/20180502_NPOIU_anonymity_Minded_to.pdf Applications for restriction orders in respect of the real and cover names of officers of the National Public Order Intelligence Unit and its predecessor/successor units 'Minded to' Note], ''Undercover Policing Inquiry'', 2 May 2018.</ref> |
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN35 | | EN35 | ||
− | | | + | | ''to come'' |
− | | | + | | undercover |
− | | 2 May 2018: closed hearing needed before decision on anonymity applications can be made<ref name="mitting.npoiu.mindedto1.2May2018"/> - due to be heard before 5 July 2018.<ref name="cti.explan.note.2May2018"/> | + | | 2 May 2018: closed hearing needed before decision on anonymity applications can be made<ref name="mitting.npoiu.mindedto1.2May2018"/> - due to be heard before 5 July 2018.<ref name="cti.explan.note.2May2018"/> 30 Oct 2018: minded to restrict real name but application to restrict cover name refused.<ref name="mitting.npoiu.mindedto2.30Oct2018">Sir John Mitting, [https://www.ucpi.org.uk/wp-content/uploads/2018/10/20181030-NPOIU_anonymity-ruling_1_and_Minded_to_2.pdf Applications for restriction orders in respect of the real and cover names of officers of the National Public Order Intelligence Unit and its predecessor/successor units Ruling 1 and 'Minded to' 2], ''Undercover Policing Inquiry'', 30 October 2018.</ref> in the ruling, Mitting stated:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> |
+ | : I am minded to make a restriction order in respect of the real name, for the following reasons. EN35 was deployed in circumstances which gave rise to a real risk to safety, which remains to an extent which cannot be quantified. Publication of the real name of EN35 would interfere with private and family life. The interference is not necessary to permit the Inquiry to fulfil its terms of reference and so would not be justified... | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN36 | | EN36 | ||
Line 69: | Line 69: | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018">Steven Gray, [https://www.ucpi.org.uk/wp-content/uploads/2018/05/20180502_NPOIU_anonymity_applications_explanatory_note.pdf Counsel to the Inquiry's Explanatory Note to accompany the Chairman's 'Minded To' Note 12 in respect of applications for restrictions over the real and cover name of officers of the National Public Order Intelligence Unit and its predecessor/successor units], ''Undercover Policing Inquiry'', 2 May 2018.</ref> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018">Steven Gray, [https://www.ucpi.org.uk/wp-content/uploads/2018/05/20180502_NPOIU_anonymity_applications_explanatory_note.pdf Counsel to the Inquiry's Explanatory Note to accompany the Chairman's 'Minded To' Note 12 in respect of applications for restrictions over the real and cover name of officers of the National Public Order Intelligence Unit and its predecessor/successor units], ''Undercover Policing Inquiry'', 2 May 2018.</ref> writing: | ||
:"EN36 belonged to the [NPOIU] for a short period in the mid-2000s. EN36 was engaged in legend building and established links with a group whose members almost certainly posed and pose no threat to the safety of EN36. EN36 has potentially significant evidence to give about the management of the [NPOIU], if at all possible in public. If so, protective measures will be required. EN36 is a serving police officer and has been deployed, undercover, in circumstances which give rise to a real threat to life and limb..."<ref name="mitting.npoiu.mindedto1.2May2018"/> | :"EN36 belonged to the [NPOIU] for a short period in the mid-2000s. EN36 was engaged in legend building and established links with a group whose members almost certainly posed and pose no threat to the safety of EN36. EN36 has potentially significant evidence to give about the management of the [NPOIU], if at all possible in public. If so, protective measures will be required. EN36 is a serving police officer and has been deployed, undercover, in circumstances which give rise to a real threat to life and limb..."<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 October 2018, Mitting notes difficulties to be resolved in handling of evidence in relation to this officer's deployment and its management. However, Mitting ruled that the officers real and cover names will be restricted, noting: "It is not possible to say more about the non-National Public Order Intelligence Unit deployment referred to in the application in this open ruling."<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | |- style="vertical-align:top;" | ||
+ | | EN37 | ||
+ | | ''to come'' | ||
+ | | undercover | ||
+ | | 30 Oct 2018: application over cover name refused; minded to restrict real name, Mitting stating:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : I am minded to make a restriction order in respect of the real name, for the following reasons. EN37 was deployed in circumstances which gave rise to a real risk to safety, which remains to an extent which cannot be quantified. Publication of the real name of EN37 would interfere with private and family life. The interference is not necessary to permit the Inquiry to fulfil its terms of reference and so would not be justified... | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN38 | | EN38 | ||
− | | '' | + | | ''unknown'' |
| undercover | | undercover | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
:"EN38 is a serving police officer. EN38 was deployed into one group over several years by the National Public Order Intelligence Unit and reported on others. Members and associates of the group posed and still pose a real risk to safety. Publication of the cover name of EN38 might lead to the identification of the real name, in which case the risks would materialise. I am not prepared to run those risks.... Further, the ability of EN38 to fulfil valuable current police duties might be impaired by publication. It is not in the public interest to run that risk."<ref name="mitting.npoiu.mindedto1.2May2018"/> | :"EN38 is a serving police officer. EN38 was deployed into one group over several years by the National Public Order Intelligence Unit and reported on others. Members and associates of the group posed and still pose a real risk to safety. Publication of the cover name of EN38 might lead to the identification of the real name, in which case the risks would materialise. I am not prepared to run those risks.... Further, the ability of EN38 to fulfil valuable current police duties might be impaired by publication. It is not in the public interest to run that risk."<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : If it is suggested that, because EN38 is still engaged in police work, so the undercover work performed for the National Public Order Intelligence Unit must be the subject of public scrutiny, I reject the suggestion. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN39 | | EN39 | ||
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| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
:"Full reasons for the decision which I am minded to make are set out in a closed note. They cannot be made public. They include the fact that EN39 is a serving officer who has been and can be deployed as an undercover officer since the closure of the National Public Order Intelligence Unit. It would not be in the public interest to publish anything which might reveal EN39's real or cover identity."<ref name="mitting.npoiu.mindedto1.2May2018"/> | :"Full reasons for the decision which I am minded to make are set out in a closed note. They cannot be made public. They include the fact that EN39 is a serving officer who has been and can be deployed as an undercover officer since the closure of the National Public Order Intelligence Unit. It would not be in the public interest to publish anything which might reveal EN39's real or cover identity."<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting ruled to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : I have not given weight to a generic argument about legend building. 29. Nothing further can be said in an open document about EN39's post-National Public Order Intelligence Unit deployments, without compromising the restriction order made. If it is suggested that the public interest requires that EN39 is withdrawn from undercover work, so that work for the National Public Order Intelligence Unit can be publicly examined, that would still not obviate the risks to safety or the great disruption to private and family life which would result. Nor could it prevent other harm to the public interest. Whether or not the suggestion is, in theory, sound, it would have no bearing on the outcome of this application. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN40 | | EN40 | ||
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| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
:"EN40 is a serving police officer who performs undercover duties. Disclosure of the real or cover name would undermine the ability of EN40 to discharge those duties. It would not be in the public interest for that to occur. Disclosure of the real or cover name would, for reasons which are explained in the closed note which accompanies these reasons, put the safety of EN40 at risk."<ref name="mitting.npoiu.mindedto1.2May2018"/> | :"EN40 is a serving police officer who performs undercover duties. Disclosure of the real or cover name would undermine the ability of EN40 to discharge those duties. It would not be in the public interest for that to occur. Disclosure of the real or cover name would, for reasons which are explained in the closed note which accompanies these reasons, put the safety of EN40 at risk."<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : I remain satisfied that the publication of EN40's cover name in the context of an National Public Order Intelligence Unit deployment would put safety at risk from individuals associated with other deployments. I do not accept the suggestion that EN40 is in a position no different from that of an undercover police officer assisting in the investigation and ultimate arrest and prosecution of those charged with serious offences. In the event that the participation of such an officer in the investigation was required to be revealed to the trial judge and/or to the defence, carefully tailored steps would be ta ken to ensure that the officer's true identity w as protected. Disclosure of EN40's cover name would be likely to stimulate a determined effort by activist researchers to publish information about EN 40 and/or to discover the true identity of EN40. The risks to EN40 would be uncontrolled. | ||
+ | |||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN41 | | EN41 | ||
Line 93: | Line 111: | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
: "EN41 is a serving police officer who performs undercover duties. Disclosure of the real or cover name would undermine the ability of EN41 to discharge those duties. It would not be in the public interest for that to occur. Disclosure of the real or cover name would, for reasons which are explained in the closed note which accompanies these reasons, also put the safety of EN41 at risk.... Although disclosure of the cover name w ould be likely to prompt evidence from others who may have encountered EN41, it would amount to a disproportionate interference w ith that right and would not be j ustified under Article 8(2) of the European Convention."<ref name="mitting.npoiu.mindedto1.2May2018"/> | : "EN41 is a serving police officer who performs undercover duties. Disclosure of the real or cover name would undermine the ability of EN41 to discharge those duties. It would not be in the public interest for that to occur. Disclosure of the real or cover name would, for reasons which are explained in the closed note which accompanies these reasons, also put the safety of EN41 at risk.... Although disclosure of the cover name w ould be likely to prompt evidence from others who may have encountered EN41, it would amount to a disproportionate interference w ith that right and would not be j ustified under Article 8(2) of the European Convention."<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : I remain satisfied that the publication of EN41 's cover name in the context of an National Public Order Intell igence Unit deployment would put safety at risk from individuals associated with other deployments and would also undermine the ability of EN41 to perform current undercover duties. I do not accept the suggestion that EN41 is in a position no different from that of an undercover police officer assisting in the investigation and ultimate arrest and prosecution of those charged with serious offences. In the event that the participation of such an officer in the investigation was required to be revealed to the trial judge and/or to the defence, carefully tailored steps would be ta ken to ensure that the officer's true identity w as protected. Disclosure of EN41 's cover name would be likely to stimulate a determined effort by activist researchers to publish information about EN41 and/or to discover the true identity of EN41. The risks to EN41 would be uncontrolled. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN42 | | EN42 | ||
Line 101: | Line 122: | ||
Mentioned at a court hearing of 25 January 2019 (into Judicial Reviews relating to the Inquiry) that the application for anonymity was under review due to new (unknown) information having emerged.<ref>Rob Evans, [https://twitter.com/robevansgdn/status/1088769604351152128 Public inquiry into #spycops infiltration of political groups re-examining whether one particular undercover officer, known only as EN42, should be given anonymity at the inquiry after new (unknown) evidence emerges.], ''Twitter.com'', 25 January 2019, accessed 31 January 2019.</ref> | Mentioned at a court hearing of 25 January 2019 (into Judicial Reviews relating to the Inquiry) that the application for anonymity was under review due to new (unknown) information having emerged.<ref>Rob Evans, [https://twitter.com/robevansgdn/status/1088769604351152128 Public inquiry into #spycops infiltration of political groups re-examining whether one particular undercover officer, known only as EN42, should be given anonymity at the inquiry after new (unknown) evidence emerges.], ''Twitter.com'', 25 January 2019, accessed 31 January 2019.</ref> | ||
+ | |||
+ | 30 October 2018, Mitting notes difficulties to be resolved in handling of evidence in relation to this officer's deployment and its management.<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : I have no reason to doubt the truthfulness of EN42's account of the deployments which give rise to a risk to safety. I do not accept the suggestion that EN42 should not be deployed undercover until the truth about the National Public Order Intelligence Unit deployment is determined. Experienced undercover officers are a scarce resource (though views about difficulties of recruitment differ). I do not understand there to be any serious disagreement amongst informed and reasonable people that they should be available for deployment in appropriate circumstances. The forced withdrawal of a significant number of experienced undercover officers, including EN42, would be likely to have an impact on policing which would not be in the public interest. Therefore, even if the risk to the safety of EN42 could be run, it should not be. | ||
+ | : The assertion that the evidence which EN42 can give or provide about his National Public Order Intelligence Unit deployment will inevitably disclose the cover identity is not necessarily correct. Careful thought and a risk assessment will be required to determine how it can be done without risk to EN42. | ||
+ | |||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN43 | | EN43 | ||
Line 107: | Line 135: | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
: EN43 was seconded to the National Public Order Intelligence Unit in the last years of its existence. Before and after that time EN43 was deployed by different police bodies in both criminal and non-criminal fields and is still employed by a provincial police force in a covert role. Some of the deployments have exposed EN43 to danger. Publication of the real name would create some risk to the safety of EN43. Publication of the cover name adopted by EN43 during EN43's secondment to the National Public Order Intell igence Unit would impair performance of current and future duties in the undercover field and may also put safety at risk. It would not be in the public interest to publish either. Further, publication would interfere with an element of the right to respect for private and family life of EN43 - physical integrity -and would not be proportionate or justified..."<ref name="mitting.npoiu.mindedto1.2May2018"/> | : EN43 was seconded to the National Public Order Intelligence Unit in the last years of its existence. Before and after that time EN43 was deployed by different police bodies in both criminal and non-criminal fields and is still employed by a provincial police force in a covert role. Some of the deployments have exposed EN43 to danger. Publication of the real name would create some risk to the safety of EN43. Publication of the cover name adopted by EN43 during EN43's secondment to the National Public Order Intell igence Unit would impair performance of current and future duties in the undercover field and may also put safety at risk. It would not be in the public interest to publish either. Further, publication would interfere with an element of the right to respect for private and family life of EN43 - physical integrity -and would not be proportionate or justified..."<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names.<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN47 | | EN47 | ||
Line 113: | Line 143: | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
: EN47 is a serving police officer undertaking valuable undercover duties. For reasons explained in the closed note which accompanies th is note, publication of the real or cover name of EN47 would put at risk the ability of EN47 to perform those duties. It is not in the public interest that that risk should be run.<ref name="mitting.npoiu.mindedto1.2May2018"/> | : EN47 is a serving police officer undertaking valuable undercover duties. For reasons explained in the closed note which accompanies th is note, publication of the real or cover name of EN47 would put at risk the ability of EN47 to perform those duties. It is not in the public interest that that risk should be run.<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : I am satisfied that EN47 has been and is engaged on undercover deployments and that disclosure of the cover name while deployed in the [NPOIU] would put the ability of EN47 to undertake those duties at risk. The forced withdrawal of EN47 from those duties would have an immediate impact on policing which would not be in the public interest. The public interest in their performance by EN4 7 outweighs any likely benefit to the public interest which might result from the publication of the [NPOIU] cover name. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN48 | | EN48 | ||
Line 119: | Line 152: | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
:EN48 was deployed by the National Public Order Intelligence Unit in the 2000s. Members and associates of the target groups posed and pose a real risk to the safety of EN48. Article 3 of the European Convention is not engaged, because the risk is contingent not immediate, but the right to respect for the private and family life of EN48 under Article 8 would be infringed in that and other respects. Although publication of the cover name might prompt evidence from others who encountered EN48, it would amount to a disproportionate interference with that right and would not be justified under Article 8(2).<ref name="mitting.npoiu.mindedto1.2May2018"/> | :EN48 was deployed by the National Public Order Intelligence Unit in the 2000s. Members and associates of the target groups posed and pose a real risk to the safety of EN48. Article 3 of the European Convention is not engaged, because the risk is contingent not immediate, but the right to respect for the private and family life of EN48 under Article 8 would be infringed in that and other respects. Although publication of the cover name might prompt evidence from others who encountered EN48, it would amount to a disproportionate interference with that right and would not be justified under Article 8(2).<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : I am satisfied that the risk assessor's assessment of the risks posed to EN48 as a result of the [NPOIU] deployment is balanced and fair. He and I took into account the varying opinions expressed by other officers about similar risks. The difference between EN48's evaluation of the risks posed by the post [NPOIU] deployments and that of the risk assessor is primarily due to the absence of accessible internal records about the deployments. Hence, at least in part, his somewhat more cautious view. Notwithstanding that, he still assesses the threat and risk that it may materialise as medium and the degree of harm which might be inflicted, if it does materialise, as high. As the open 'Minded to' note states, the risk which I had primarily in mind was that created by the [NPOIU] deployment. | ||
+ | |||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN49 | | EN49 | ||
Line 156: | Line 193: | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
:EN74 was an undercover police officer and was deployed by the [NPOIU] in the 2000s. Other duties gave rise to a real risk to life and limb which, to an extent which cannot be precisely quantified, remains. Publication of the real or cover name would increase those risks. The risks are contingent, not immediate, and so engage Article 8 of the European Convention, not Articles 2 and 3. Publication of t he cover name of EN74 might lead to identification of the real name, in which case the risks w ould material ise. It is not necessary to fulfil the terms of reference of the Inquiry to run those risks.<ref name="mitting.npoiu.mindedto1.2May2018"/> | :EN74 was an undercover police officer and was deployed by the [NPOIU] in the 2000s. Other duties gave rise to a real risk to life and limb which, to an extent which cannot be precisely quantified, remains. Publication of the real or cover name would increase those risks. The risks are contingent, not immediate, and so engage Article 8 of the European Convention, not Articles 2 and 3. Publication of t he cover name of EN74 might lead to identification of the real name, in which case the risks w ould material ise. It is not necessary to fulfil the terms of reference of the Inquiry to run those risks.<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : As the open 'Minded to' note states, the risk which I had in mind was to life and limb. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN287 | | EN287 | ||
Line 164: | Line 204: | ||
[https://www.theguardian.com/uk/2012/nov/08/mark-kennedy-accused-fantasist-french The Guardian article of 8 Nov 2012.] | [https://www.theguardian.com/uk/2012/nov/08/mark-kennedy-accused-fantasist-french The Guardian article of 8 Nov 2012.] | ||
+ | |||
+ | 30 Oct 2018: Mitting refuses application to restrict real name:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN288 | | EN288 | ||
Line 170: | Line 213: | ||
| Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | | Mitting minded to restrict real and cover names,<ref name="cti.explan.note.2May2018"/> writing: | ||
:In the course of a police career of significant length, EN288 was deployed on a number of occasions as an undercover officer in circumstances which gave rise to a real risk to life and limb. The risk to life from one of them remains and may engage Article 2 of the European Convention. The risk to safety from at least one other deployment also remains. Both risks engage Article 8. Publication of a cover name might prompt evidence from members of the groups against which EN288 was deployed who do not pose a risk to life or limb; and the risk of identification of the real name of EN288 is not great. However, even running a small risk would amount to a disproportionate and unjustified interference in the right of EN288 to respect for an aspect of private life - physical integrity - and, if Article 2 is engaged, would infringe it.<ref name="mitting.npoiu.mindedto1.2May2018"/> | :In the course of a police career of significant length, EN288 was deployed on a number of occasions as an undercover officer in circumstances which gave rise to a real risk to life and limb. The risk to life from one of them remains and may engage Article 2 of the European Convention. The risk to safety from at least one other deployment also remains. Both risks engage Article 8. Publication of a cover name might prompt evidence from members of the groups against which EN288 was deployed who do not pose a risk to life or limb; and the risk of identification of the real name of EN288 is not great. However, even running a small risk would amount to a disproportionate and unjustified interference in the right of EN288 to respect for an aspect of private life - physical integrity - and, if Article 2 is engaged, would infringe it.<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : The 'Minded to' note and th is ruling are not based "on the basis of the officer's say so". The threat of serious physical harm was and is reliably established. | ||
+ | |||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN289 | | EN289 | ||
Line 176: | Line 223: | ||
| Real name restricted with application over cover name to be determined later,<ref name="cti.explan.note.2May2018"/> Mitting writing: | | Real name restricted with application over cover name to be determined later,<ref name="cti.explan.note.2May2018"/> Mitting writing: | ||
:EN289 is a serving police officer. EN289 undertook ad hoc deployments for the Animal National Rights Index/the National Public Order Intelligence Unit in the late 1990s, attending and reporting on approximately 6 marches. EN289 was instructed to, and did, research and obtain the identity of a deceased child. The nature of the deployments was such that EN289 did not have to use it. Save in one respect, the information and evidence which EN289 could provide is of peripheral relevance to the Inquiry. That respect is the fact that EN289 was instructed to obtain the identity of a deceased child. Given that the cover name was not used, no purpose would be served by determining EN289's application for a restriction order in respect of the cover name at this stage. : Publication of the real name of EN289 would not serve to permit the Inquiry to fulfil its terms of reference, might impair performance of police duties and might have some impact on the mental health of EN289. In those circumstances, publication of the real name would not be in the public interest and would risk interference with the right to respect for private and family life of EN289 which would not be justified...<ref name="mitting.npoiu.mindedto1.2May2018"/> | :EN289 is a serving police officer. EN289 undertook ad hoc deployments for the Animal National Rights Index/the National Public Order Intelligence Unit in the late 1990s, attending and reporting on approximately 6 marches. EN289 was instructed to, and did, research and obtain the identity of a deceased child. The nature of the deployments was such that EN289 did not have to use it. Save in one respect, the information and evidence which EN289 could provide is of peripheral relevance to the Inquiry. That respect is the fact that EN289 was instructed to obtain the identity of a deceased child. Given that the cover name was not used, no purpose would be served by determining EN289's application for a restriction order in respect of the cover name at this stage. : Publication of the real name of EN289 would not serve to permit the Inquiry to fulfil its terms of reference, might impair performance of police duties and might have some impact on the mental health of EN289. In those circumstances, publication of the real name would not be in the public interest and would risk interference with the right to respect for private and family life of EN289 which would not be justified...<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict the real name, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : The submissions address publication of the cover name, upon which I have, as yet, not indicated any decision which I might be minded to make. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN291 | | EN291 | ||
Line 207: | Line 257: | ||
: EN507 is a serving police officer and has undertaken undercover operations w hich put safety at risk. The continued ability of the police service to deploy EN507 in undercover operations is of public value. Publication of the cover name would substantially impair the undertaking of such operations. It is not in the public interest to do so. | : EN507 is a serving police officer and has undertaken undercover operations w hich put safety at risk. The continued ability of the police service to deploy EN507 in undercover operations is of public value. Publication of the cover name would substantially impair the undertaking of such operations. It is not in the public interest to do so. | ||
: Further, publication of either real or cover name would interfere with the right of EN507 to respect for private and family life and would not be justified...<ref name="mitting.npoiu.mindedto1.2May2018"/> | : Further, publication of either real or cover name would interfere with the right of EN507 to respect for private and family life and would not be justified...<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict the real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : The submissions assert that there is no reference in the 'Minded to' note to any risk of physical harm. There is: "EN507 is a serving police officer and has undertaken undercover operations which put safety at risk." It is correct that that assessment was based on EN507's account, which I have no reason to disbelieve. I do not accept that the public interest in the disclosure of the cover name of EN507 outweighs the public interest in the continued ability of the police service to deploy EN507 in undercover operations of public value, for the reasons explained in the closed note which accompanied the 'Minded to' note. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN508 | | EN508 | ||
Line 222: | Line 275: | ||
:Publication of the real name of EN808 would interfere with the right of EN808 to respect for private and family life. The nature of the duties performed by EN808 does not require publication of the real name to permit their worth and propriety to be assessed. Publication of the real name would interfere with the right to respect for private and family life of EN808 and would not be justified under Article 8(2) of the European Convention. | :Publication of the real name of EN808 would interfere with the right of EN808 to respect for private and family life. The nature of the duties performed by EN808 does not require publication of the real name to permit their worth and propriety to be assessed. Publication of the real name would interfere with the right to respect for private and family life of EN808 and would not be justified under Article 8(2) of the European Convention. | ||
:I have read two closed witness statements by EN808. I have no reason to question the truthfulness of the factual assertions made in them. The decision which I am minded to make is based on them. There are no separate closed reasons.<ref name="mitting.npoiu.mindedto1.2May2018"/> | :I have read two closed witness statements by EN808. I have no reason to question the truthfulness of the factual assertions made in them. The decision which I am minded to make is based on them. There are no separate closed reasons.<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict the real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : Details of the activities which give rise to a risk to safety cannot be identified openly. For the avoidance of doubt, the nature and source of the risk is identified in the closed note. | ||
|- style="vertical-align:top;" | |- style="vertical-align:top;" | ||
| EN1001 | | EN1001 | ||
Line 228: | Line 284: | ||
| Real and cover names to be restricted,<ref name="cti.explan.note.2May2018"/> with Mitting writing: | | Real and cover names to be restricted,<ref name="cti.explan.note.2May2018"/> with Mitting writing: | ||
:EN1001 was not seconded to the [NPOIU], but performed a peripheral supporting role in one operation for a short time in the late 2000s. It is unlikely that the Inquiry will need to receive or take into account evidence from EN1001 so as to permit it to fulfil its terms of reference. EN1001 was and is a serving police officer with a provincial force. In that capacity EN 1001 has undertaken routine criminal undercover deployments, some of which were dangerous. The work done by EN1001 and that done by other police officers would be substantially impaired if either the cover or real name of EN1001 were to be published. It is not in the public interest that either should occur. Further, publication of either would interfere with the right to respect for the private and family life of EN1001 and would not be justified<ref name="mitting.npoiu.mindedto1.2May2018"/> | :EN1001 was not seconded to the [NPOIU], but performed a peripheral supporting role in one operation for a short time in the late 2000s. It is unlikely that the Inquiry will need to receive or take into account evidence from EN1001 so as to permit it to fulfil its terms of reference. EN1001 was and is a serving police officer with a provincial force. In that capacity EN 1001 has undertaken routine criminal undercover deployments, some of which were dangerous. The work done by EN1001 and that done by other police officers would be substantially impaired if either the cover or real name of EN1001 were to be published. It is not in the public interest that either should occur. Further, publication of either would interfere with the right to respect for the private and family life of EN1001 and would not be justified<ref name="mitting.npoiu.mindedto1.2May2018"/> | ||
+ | |||
+ | 30 Oct 2018: Mitting rules to restrict the real and cover names, writing:<ref name="mitting.npoiu.mindedto2.30Oct2018"/> | ||
+ | : The first sentence of the 'Minded to' note accurately describes the role played by EN1001. The words used in paragraph 4 of the gist of the application "as he/she used when seconded to the [National Public Order Intelligence Unit]" would have been better expressed as "when performing that supporting role". The words used in paragraph 5 of the gist of the application accurately state the original text. The words "whether any" could have been better expressed as "which, if any". These semantic quibbles do not "underscore", let alone demonstrate or establish, "the inappropriateness of relying exclusively on the self-report of the officer". I had, and have, no reason to doubt the truthfulness and substanti al accuracy of t he statement made by EN1001 in support of the application for a restriction order. | ||
+ | : I am satisfied that it is not in the public interest that the valuable duties performed by the unit of which EN 1001 is part should be jeopardised by publication of the cover name of EN 1001, as they would be. I also reject the suggestion that EN 1001 should be removed from current duties until the public hearings have occurred which concern the National Public Order Intelligence Unit. | ||
|} | |} | ||
Revision as of 13:50, 4 February 2019
This article is part of the Undercover Research Portal at Powerbase: investigating corporate and police spying on activists.
Officers of the National Public Order Intelligence Unit (NPOIU) are for the purposes of the Undercover Policing Inquiry designated by the cipher EN. Officers were in early parts of the process simply designated by N followed by a number. As the number of officers grew, this changed to HN for those officers of the Special Demonstration Squad, the H representing Operation Herne, the corresponding police investigation. As the role of the NPOIU officers in the Undercover Policing Inquiry was taken on by the National Police Chief Council's Operation Elter, the EN cipher was adopted for them.[1] For more details see under [N officers].
This page lists the known EN numbers and material relating to them. Separate pages have been provided for the HN numbers.
Updated January 2019.
Cypher | Name (italics for cover name only) | Position | Notes |
---|---|---|---|
EN1 | Marco Jacobs | undercover | Deployed 2004-2009. Real name restricted. Had sexual relationships. |
EN26 | likely to come | unknown | Minded to refuse application to restrict real name with closed hearing on this to take place in late 2018.[2] Reasons set out in closed note.[3] |
EN28 | unknown | cover officer | Application to restrict real name refused. Cover officer for ARNI & NPOIU.[3] |
EN29 | restricted | cover officer | Real name will be restricted due to risk arising out of subsequent undercover work into serious crimed. Briefly deployed in a minor role as undercover, the cover name for which will not be released.[3] |
EN30 | restricted | cover officer | Cover officer for over six years, including deployments of interest to the Inquiry. Real name will be restricted.[3] |
EN31 | likely to come | cover officer | Cover officer for approximately six years, including for Mark Kennedy and EN34 Application to restrict real name refused.[3] |
EN32 | Rod Richardson | Undercover | Real name will be restricted.[3] Also given as N596. |
EN33 | restricted | undercover | Deployed in early years of NPOIU to groups that pose a 'real risk' to the officer. Mitting has ruled both real and cover names will be restricted. |
EN34 | Lynn Watson | undercover | Deployed into various groups 2003-2008. Real name restricted.[4] |
EN35 | to come | undercover | 2 May 2018: closed hearing needed before decision on anonymity applications can be made[4] - due to be heard before 5 July 2018.[5] 30 Oct 2018: minded to restrict real name but application to restrict cover name refused.[6] in the ruling, Mitting stated:[6]
|
EN36 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 October 2018, Mitting notes difficulties to be resolved in handling of evidence in relation to this officer's deployment and its management. However, Mitting ruled that the officers real and cover names will be restricted, noting: "It is not possible to say more about the non-National Public Order Intelligence Unit deployment referred to in the application in this open ruling."[6] |
EN37 | to come | undercover | 30 Oct 2018: application over cover name refused; minded to restrict real name, Mitting stating:[6]
|
EN38 | unknown | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN39 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting ruled to restrict both real and cover names, writing:[6]
|
EN40 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN41 | restricted | Undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN42 | unknown | undercover | Mitting minded to restrict real and cover names,[5] writing:
Mentioned at a court hearing of 25 January 2019 (into Judicial Reviews relating to the Inquiry) that the application for anonymity was under review due to new (unknown) information having emerged.[7] 30 October 2018, Mitting notes difficulties to be resolved in handling of evidence in relation to this officer's deployment and its management.[6] 30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN43 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names.[6] |
EN47 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN48 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN49 | resticted | cover officer | Cover name will be resitricted.[2] Cover officer for majority of NPOIU's existance "principally for two undercover officers, one of whose cover names I have refused to restrict. Before then EN49 performed duties which, if disclosed, would give rise to a risk to life. The risk of that happening is not high, but it cannot be run. For that reason, a restriction order in respect of the real name of EN49 must be made".[3] |
EN50 | likely to come | cover officer | Minded to release real name with closed hearing on this to be held in late 2018.[2] Cover officer for NPOIU "towards the end of it existence. The undercover officer for whom EN50 was the cover officer was deployed for a short time into a group whose members pose no threat to the safety of EN50. EN50 can give evidence about the discharge of this duty and about the discharge of his/her duties generally and the management of the undercover unit in his/her real name without putting his/her safety at risk. There is likely to be some passing interest on the part of the traditional and non-traditional media in EN50's evidence, insufficient to cause any significant interference in his/her right and that of EN50's family to respect for their private and family life under Article 8 of the European Convention. EN50's own concerns about the impact on both safety and private and family life are not objectively justified."[3] |
EN51 | resticted | cover officer | Real name will be restricted.[2] Cover officer for NPOIU "in the last years of its existence. The evidence which EN51 can give about the discharge of those duties is likely to be of significant interest to the Inquiry. But for the factor referred to below I would have required the evidence to be given in the real name of EN51, without protective measures. 20. Other duties performed by EN51 for police bodies other than the National Public Order Intelligence Unit did give rise to a real risk to life and physical safety. Those risks remain. Whether or not Articles 2 and 3 of the European Convention are engaged, they must not be run. Even if the risks fall to be assessed under Article 8, running them would not be justified under Article 8(2)."[3] |
EN52 | likely to come | cover officer | Seconded 2005-2006 to NPOIU where cover officer for an unsuccessful and questionable undercover deployment; also involved in the winding up of the SDS.[3] |
EN53 | resticted | cover officer | Real name will be restricted.[2] Seconded NPOIU 2009-2011, where cover officer for two undercovers. Mitting wrote: "For reasons explained in the open and closed 'Minded to' note dated 2 May 2018, I am minded to make restriction orders in respect of both the real and cover names of both officers. The risk posed by members of the targeted groups to the safety of EN53 is negligible. However, other police duties,performed outside the National Public Order Intelligence Unit have given rise to risks to safety , which cannot be precisely quantified, but remain. Those risks are explained in the closed note which accompanies these reasons. Further, publication of the real name of EN53 would interfere with the current and future performance of work by EN53 which it is not in the public interest to interrupt. To do so would also amount to a disproportionate interference in the right of EN53 to respect for aspects of private life - physical integrity and the ability to perform useful paid work - which would not be justified under Article 8(2) of the European Convention. Careful thought will need to be given about the manner in which the evidence of EN53 and the two undercover officers is to be provided or
given."[3] |
EN54 | likely to come | Temporary head of undercover operations 2003-2004. | Minded to refuse application to restrict real name with closed hearing on this to take place in late 2018.[2] Temporary head for nine months. Mitting wrote: "With one possible exception, no threat to EN54's physical safety arising from the performance of these duties has been identified. For reasons explained in the closed note which accompanies these reasons, I am unconvinced that even the possible exception gives rise to a real risk to EN54's physical safety. The evidence which EN54 may be able to give about the discharge of his/her duties for the National Public Order Intelligence Unit islikely to attract the attention of traditional and non-traditi onal media and is likely to interfere, for a short period, with EN54's right and that of his/her family to respect for their private and family life under Article 8 of the European Convention. I am not persuaded that there is any greater risk of interference by others. The risk assessor has drawn attention to the "Contrainfo" post referred to in the case of EN31 above. I do not believe that this gives rise to any greater risk to EN54 than it does EN31. I am satisfied that the need for a public official performing a significant managerial role in one of the units under specific investigation to give evidence publicly in his/her own name about the discharge of those duties justifies any interference in his/her right to respect for private and family life under Article 8(2)."[3] |
EN74 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN287 | DCI Richard May | NDEU manager | No cover name; restriction order application over real name refused,[5] with Mitting writing:[4]
The Guardian article of 8 Nov 2012. 30 Oct 2018: Mitting refuses application to restrict real name:[6] |
EN288 | restricted | undercover | Mitting minded to restrict real and cover names,[5] writing:
30 Oct 2018: Mitting rules to restrict both real and cover names, writing:[6]
|
EN289 | unknown | undercover | Real name restricted with application over cover name to be determined later,[5] Mitting writing:
30 Oct 2018: Mitting rules to restrict the real name, writing:[6]
|
EN291 | restricted | Authorising officer, not with NPIOU | Application to restrict real name granted.[2] Mitting wrote:[3]
|
EN327 | Dave Jones | undercover | Same as HN66. Real name restricted. Deployed against London Rising Tide and the Camp for Climate Action (Drax) 2005-2007. |
EN407 | Likely to come | cover officer | Minded to refuse application to restrict real name with closed hearing on this to take place in late 2018.[2] Mitting wrote:[3]
|
EN506 | restricted | unknown | Real name restricted.[2] Mitting wrote:[3]
|
EN507 | restricted | undercover | Real and cover names to be restricted,[5] with Mitting writing:
30 Oct 2018: Mitting rules to restrict the real and cover names, writing:[6]
|
EN508 | cover name to come | undercover | Application to restrict cover name refused; real name will be restricted.[2] Deployed 2002-2004 into a number of groups on intermittent basis, none of the member of which pose a 'real risk' to the safety of EN508. Mitting wrote:[3]
|
EN808 | restricted | cover officer | Real and cover names to be restricted,[5] with Mitting writing:
30 Oct 2018: Mitting rules to restrict the real and cover names, writing:[6]
|
EN1001 | restricted | cover officer | Real and cover names to be restricted,[5] with Mitting writing:
30 Oct 2018: Mitting rules to restrict the real and cover names, writing:[6]
|
Notes
- ↑ Witness Statement Protocol (v.1.0), Undercover Policing Inquiry, 22 January 2018 (accessed 22 January 2018).
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 Steven Gray, Counsel to the Inquiry's Explanatory Note to accompany the third 'Minded To' note in respect of applications for restriction orders over the real and cover names of officers of the National Public Order Intelligence Unit and its predecessor/successor units, Undercover Policing Inquiry, 15 November 2018.
- ↑ 3.00 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 3.09 3.10 3.11 3.12 3.13 3.14 3.15 3.16 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 National Public Order Intelligence Unit and its predecessor/successor units 'Minded to' Note 3, Undercover Policing Inquiry, 15 November 2018.
- ↑ 4.00 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 Sir John Mitting, Applications for restriction orders in respect of the real and cover names of officers of the National Public Order Intelligence Unit and its predecessor/successor units 'Minded to' Note, Undercover Policing Inquiry, 2 May 2018.
- ↑ 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 5.13 5.14 5.15 5.16 Steven Gray, Counsel to the Inquiry's Explanatory Note to accompany the Chairman's 'Minded To' Note 12 in respect of applications for restrictions over the real and cover name of officers of the National Public Order Intelligence Unit and its predecessor/successor units, Undercover Policing Inquiry, 2 May 2018.
- ↑ 6.00 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 6.09 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 Sir John Mitting, Applications for restriction orders in respect of the real and cover names of officers of the National Public Order Intelligence Unit and its predecessor/successor units Ruling 1 and 'Minded to' 2, Undercover Policing Inquiry, 30 October 2018.
- ↑ Rob Evans, Public inquiry into #spycops infiltration of political groups re-examining whether one particular undercover officer, known only as EN42, should be given anonymity at the inquiry after new (unknown) evidence emerges., Twitter.com, 25 January 2019, accessed 31 January 2019.