Part II of RIPA provides a regulatory framework for the use of three types of covert
surveillance, namely, directed surveillance, intrusive surveillance and the use [PAGE 82
Crim LR] and conduct of covert human intelligence sources. It was imperative that
legislation was provided in these areas to coincide with the increasing use and importance
of surveillance as an evidence and intelligence gathering tool, and the commencement of
the Human Rights Act.64 However, even under RIPA there is no requirement on the part
of a public authority to obtain an authorisation for covert surveillance, and the decision
not to obtain such authorisation does not mean that the action is automatically unlawful.
The lack of authorisation would render such actions more vulnerable to challenge under
the Human Rights Act, but the nature of surveillance means that it is often unlikely that
such operations are uncovered.