Privacy and Criminal Justice PDF
Preview Privacy and Criminal Justice
daniel marshall terry thomas privacy and criminal justice Privacy and Criminal Justice Daniel Marshall • Terry Thomas Privacy and Criminal Justice Daniel Marshall Terry Thomas School of Law School of Social Sciences Liverpool John Moores University Leeds Beckett University Liverpool, UK Leeds, UK ISBN 978-3-319-64911-5 ISBN 978-3-319-64912-2 (eBook) https://doi.org/10.1007/978-3-319-64912-2 Library of Congress Control Number: 2017954732 © The Editor(s) (if applicable) and The Author(s) 2017 This work is subject to copyright. All rights are solely and exclusively licensed by the Publisher, whether the whole or part of the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations, recitation, broadcasting, reproduction on microfilms or in any other physical way, and trans- mission or information storage and retrieval, electronic adaptation, computer software, or by similar or dissimilar methodology now known or hereafter developed. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. The publisher, the authors and the editors are safe to assume that the advice and information in this book are believed to be true and accurate at the date of publication. Neither the publisher nor the authors or the editors give a warranty, express or implied, with respect to the material contained herein or for any errors or omissions that may have been made. The publisher remains neutral with regard to jurisdictional claims in published maps and institutional affiliations. Cover illustration: Fatima Jamada Printed on acid-free paper This Palgrave Macmillan imprint is published by Springer Nature The registered company is Springer International Publishing AG The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland To Sandy Preface What is privacy? To what extent should individual privacy be dismissed in the interests of crime prevention and investigation? Who benefits from this intrusion of privacy? How often do the benefits from preventing crime or criminal behaviour exceed this intrusion of individual privacy? Is individual privacy dead? In a rapidly evolving technological world, can information ever be private? Who owns this (private) information and how is it used? These are some of the important challenges facing crimi- nal justice policymakers today. Responding to them is no easy task, but answers are needed to ensure that the criminal justice system maintains the integrity of individuals who encounter it. This book grew out of the news stories of undercover police officers and the 2016 arguments for and against a new Investigatory Powers Act for the UK. It attempts to build on the work of surveillance studies and the need for agencies of the state to keep a watchful eye on certain people and even whole categories of people. The authors attempt to do this by taking the concept of ‘privacy’ as a starting point rather than the means of surveillance and examine how that concept is realised and potentially intruded upon in contemporary society. At the same time, it recognises current needs to combat serious crime and terrorism and the various ways of doing this. In doing so, the book critically examines legislative devel- opments and technological developments that have been made that facil- itate the agencies of surveillance and also examines other parts of the vii viii Preface criminal justice system where issues of privacy and privacy information are relevant. The book is intended to be a source book for readers who wish to go further into the subject. We would like to acknowledge the help of various people who have assisted our understanding of this subject area over the years, including Bill Hebenton, Steve Wright, Steve Lister, Eva Kemecsei, Colin Webster, Laura Bui, Per-Olof Wikström and Loraine Gelsthorpe. Liverpool, UK Daniel Marshall Leeds, UK Terry Thomas Contents 1 Introduction 1 2 A Brief History of Privacy 13 3 Police (1): Interventions 39 4 Police (2): Techniques of Investigation 71 5 P olice (3): Data Collection and Retention 101 6 P hotographs, CCTVs and Other Cameras 127 7 Th e ‘Open’ Court 153 8 Punishment and Privacy 183 9 Counterterrorism 215 ix x Contents 10 Rehabilitation After Punishment 239 11 Conclusions 263 Bibliography 269 Index 317 Abbreviations List AAMR Alcohol Abstinence and Monitoring Requirement ACPO Association of Chief Police Officers AIT Advanced Imaging Technology AMHP Approved Mental Health Professional ANPR Automatic Number Plate Recognition APP Authorised Professional Practice ASBO Anti-Social Behaviour Order ATR Automated Target Recognition BBW Big Brother Watch BME Black or Minority Ethnic BOF Back Office Facility BOSS Body Orifice Security Scanner BWV Body Worn Video CCDC Covert Communications Data Capture CCRC Criminal Cases Review Commission CCTV Closed Circuit Television CHIS Covert Human Intelligence Sources CID Criminal Investigation Department CNA Certified Normal Accommodation CONTEST Counter Terrorism Strategy CPS Crown Prosecution Service CRB Criminal Records Bureau CRC Community Rehabilitation Company xi
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