2 May 2018

The Inquiry is today publishing the Chairman’s first ‘Minded to’ note regarding anonymity applications made by officers who were seconded to the National Public Order Intelligence Unit and/or those units which preceded and succeeded it (the Animal Rights National Index and the National Domestic Extremism Unit). An explanatory note accompanies the ‘Minded to’ note.

These anonymity applications present particular difficulties which are not normally encountered by the Inquiry when considering applications concerning Special Demonstration Squad officers. Most if not all of the undercover officers who feature in this ‘Minded to’ note had already had significant experience of being deployed as undercover officers in criminal investigations before they joined the National Public Order Intelligence Unit. Their prior experience included, in a number of instances, deployments against serious, organised crime. In many cases, the undercover officers returned to police forces at the conclusion of their secondments and also returned to undercover deployments. Again, in a number of cases, those subsequent deployments were against serious, organised crime. The ‘Minded to’ note makes clear that a number of these undercover officers either continue to perform undercover duties or are available to do so.

The ‘Minded to’ note covers 21 officers:

  • For one officer, EN1, the cover name “Marco Jacobs” has already been confirmed; the Chairman is minded to restrict the publication of his real name.
  • In respect of EN34, the Chairman is minded to restrict the real name but refuse to restrict the cover name.
  • In respect of EN327, the Chairman is minded to restrict the real name and to publish the names by which EN327 was known by members of the groups targeted. It should be noted that EN327 is the same person as HN66 and the reasoning detailed in the fifth ‘Minded to’ note dated 7 March 2018, at paragraph six, applies.
  • There will need to be a closed hearing in respect of EN35 before a decision can be made.
  • The Chairman is minded to restrict EN289’s real name and will determine the application for a restriction order over the cover name at a later date.
  • EN287 was a Detective Chief Inspector seconded to the National Domestic Extremism Unit. He did not have a cover name. The Chairman is minded to refuse the application to restrict EN287’s real name.
  • For 15 officers; EN33, EN36, EN38, EN39, EN40, EN41, EN42, EN43, EN47, EN48, EN74, EN288, EN507, EN808 and EN1001, the Chairman is minded to restrict the publication of both real and cover names. The Chairman has stated that EN33, EN36 and EN42 should give as much evidence in public as possible, with measures taken to protect their anonymity.

Background

The purpose of the Undercover Policing Inquiry is to investigate and report on undercover police operations conducted by English and Welsh police forces in England and Wales since 1968.

The Inquiry will examine the contribution undercover policing has made to tackling crime, how it was and is supervised and regulated, and its effect on individuals involved – both police officers and others who came into contact with them.

The work of the Inquiry ranges across the full scope of undercover policing work and will look at the work of the Special Demonstration Squad, the National Public Order Intelligence Unit and police forces in England and Wales. The Inquiry will also examine whether people may have been wrongly convicted in cases involving undercover police officers, and refer any such cases to a separate panel for consideration.

The Inquiry’s investigations are broken down into modules. The descriptions of modules Two and Three have been amended to spell out more clearly the Inquiry’s investigative intentions.

One

Examination of the deployment of undercover officers in the past, their conduct, and the impact of their activities on themselves and others.

Two

Examination of the management and oversight of undercover officers, including their selection, training, supervision, care after the end of an undercover deployment and the legal and regulatory framework within which undercover policing is carried out. Module Two (a) will involve managers and administrators from within undercover policing units. Module Two (b) will involve senior managers higher in the chain of command as well as police personnel who handled intelligence provided by undercover police officers. Module Two (c) will involve a number of other government bodies with a connection to undercover policing, including the Home Office.

Three

Examination of current undercover policing practices and of how undercover policing should be conducted in future.

NOTES TO EDITORS

  1. Decisions on anonymity applications are taken in line with the 3 May 2016 Legal Principles and Approach Ruling.
  2. The Undercover Policing Inquiry is constituted under the Inquiries Act 2005.
  3. The Inquiry’s terms of reference were announced by the Home Secretary on 16 July 2015
  4. The Inquiry’s Frequently Asked Questions document provides more information on the Inquiry more generally, as do its published update notes
  5. The Inquiry’s website is www.ucpi.orq.uk and the Inquiry can be found on Twitter @ucpinquiry. 

For further information please contact the Inquiry’s Head of Communications, Jo Coles:

 Email: press.queries@ucpi.org.uk

 Tel: 07827 818 460