Anonymity (MPS Applications II), Restriction Order Approach
This was the second such hearing in the Undercover Policing Inquiry on the anonymity applications of former Special Demonstration Squad undercovers and managers, mostly being made by the Metropolitan Police Service.
It was the first open hearing which focused on specific applications being made. The main legal principles having been set out in a ruling by the Inquiry’s first Chair, Sir Christopher Pitchford, following previous hearings, the main point of discussion for this hearing was how they applied to the various anonymity applications now before the Inquiry.
The first day had Phillippa Kaufmann KC, speaking on behalf of the concerns being raised by the non-state core participants, taking a more general approach.
The second day then looked at the specific applications made on behalf of 13 SDS officers:
The end of the second day dealt with an ancillary issue. In support of the anonymity applications, Chief Constable Alan Pughsley had submitted a statement which included the claim that there had been a decline in applications to become undercover officers which he believed was due in part to the spycops scandal and also the Undercover Policing Inquiry itself.
In response, the UCPI’s legal team had requested a statement from the College of Policing which was provided by Louise Meade. Counsel to the Inquiry noted that her statement showed there was no statistical corroboration for Pughsley's claim, but also that the changes in approach now focused on weeding out unsuitable candidates much earlier in the process, so that only the most suitable actually applied.
Following a short debate on trying to resolve the two viewpoints, Sir John Mitting (who had recently taken over as Inquiry Chair following the death of the previous Chair, Sir Christopher Pitchford) took the view that it was probably impossible, and in any case:
I have to get at the truth. If the truth is uncomfortable and deters people from volunteering to be undercover officers, so be it.
Speakers
| Day 1 | |
|---|---|
| Counsel | Clients |
| David Barr KC | UCPI |
| Phillippa Kaufmann KC | Non-State Core Participants |
| Other counsel present | Clients |
|---|---|
| Emma Gargitter | UCPI |
| Ruth Brander | Non-State Core Participants |
| Adam Payter | Metropolitan Police |
| Robert McAllister | Designated Lawyers Officers |
| Claire Palmer | Designated Lawyers Officers |
| Genevieve Woods | Slater & Gordon clients |
| Richard O’Brien | National Crime Agency |
| Maya Sikand | Peter Francis |
| Sir Robert Francis KC | National Police Chiefs Council |
| Amy Mannion | Metropolitan Police |
| Andrew O’Connor KC | National Crime Agency |
| Day 2 | |
|---|---|
| Counsel / Individual | Clients |
| David Barr KC | UCPI |
| Phillippa Kaufmann KC | Non-State Core Participants |
| Maya Sikand | Peter Francis |
| Jonathan Hall KC | Metropolitan Police |
| Oliver Sanders KC | Designated Lawyers Officers |
| Helen Steel | NSCPs (Litigant-in-Person) |
| Ben Brandon | Slater & Gordon / HN58 |