contents
read more about
Restriction Orders
Anonymity
The Inquiries Act 2005 and Inquiry Rules 2006
Generic Restriction Order Documents
Inquiry Chair
Non-State Core Participants
Neither Confirm Nor Deny (NCND)
Protocols
Overview

The Undercover Policing Inquiry (UCPI) handles considerable information which police have argued needs to stay secret to protect the ‘public interest’ or the rights of former officers within the undercover units.

However, as a public inquiry under the Inquiries Act 2005, the UCPI also has a duty to hold as much of its work as it can in the public view.

This requires the Inquiry Chair to carry out a balancing act to decide between the competing needs, with the police parties favouring secrecy while non-state core participants (NSCPs) argued for greater openness.

These issues dominated the first five years of the Inquiry, not least as the legal principles had to be established. For example, to what extent did the principle of ‘Neither Confirm Nor Deny’ apply, and what did ‘public interest’ mean for the Inquiry’s decisions. As a result, there were a number of procedural hearings devoted to these and related issues. 

In 2017, there was a consultation regarding the publication of documents in support of anonymity following multiple concerns, particularly from the NSCPs.

The restrictions sought covered two distinct matters: anonymity for former undercovers, and redaction of documents whether being sent to witnesses or being made public. The issue was fraught with delays, particularly around the process for seeking anonymity, and was one of the main reasons the UCPI took five years before it actually began the evidential hearings.

The outcomes of these discussions were encoded in several protocols (Restriction Protocol, Disclosure Protocol) which set out in practical terms how the Chair’s decisions were to be implemented.

 

Relevant hearings

Procedural hearing 3: Restriction Order Approach (22-23 March 2016)

Focused on legal principles, out of which the then Inquiry Chair, Sir Christopher Pitchford, formed his important ruling on the matter.

Procedural hearing 6: Anonymity and MPS Applications I, Restriction Order Approach (5-6 May 2016)

Anonymity applications and a request from Metropolitan Police Service (MPS) for the UCPI to change its approach.

Procedural hearing 8: Anonymity and MPS Applications II, Restriction Order Approach (20-21 November 2017)

With the main legal principles having been set out in rulings following previous hearings, this hearing how they applied to Special Demonstration Squad anonymity applications.

Procedural hearing 9: Anonymity and MPS Applications III, Restriction Order Approach (5 February 2018)

Though focusing on anonymity applications, the non-state core participants raised challenges to the approach taken by the UCPI and the Metropolitan Police, particularly over risk assessments.

Procedural hearing 13: Privacy and the GDPR (31 January & 25 March 2019)

As a result of changes in the law around data protection, the Restriction Protocol was updated following this hearing.

Transcripts

Title
Hearing Day
Index
Transcript of UCPI Procedural Hearing 3: Restriction order approach (Day 2)
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Transcript of UCPI Procedural Hearing 3: Restriction order approach (Day 1)
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Procedural

Date
Title
Document Type
Topic
NSCPs – Submissions on Tranche 1 Phase 1 restriction orders
Submissions
Restriction order approach, Conduct of evidence hearing
Sir John Mitting – Chairman’s response to submission regarding restriction orders
Chairman's statement
Restriction order approach
Note on application of Rule 10 of the Inquiry Rules 2006
General
Restriction order approach, Generic restriction order documents
UCPI Internal guidance for the application of public eyes privacy restrictions
General
Restriction order approach
Restriction Protocol (Updated): for the imposition of restrictions to the publication of documents and other evidence produced to the Inquiry by the MPS
Protocol
Restriction order approach, Generic restriction order documents
CTI – Note responding to submissions made concerning the open generic restriction order documents
Counsel note
Restriction order approach, Generic restriction order documents
Peter Francis – Submissions re open generic grounds for restriction and ‘tradecraft’ materials
Submissions
Restriction order approach, Generic restriction order documents
NSCPs – Submissions in response to generic restriction order documents
Submissions
Restriction order approach, Generic restriction order documents
Press Notice: Generic restriction order documents published
Press Notice
Restriction order approach, Generic restriction order documents
CTI – Explanatory note re publication of open generic restriction order documents and the SDS Tradecraft manual
Counsel note
Restriction order approach, Generic restriction order documents
Open generic grounds for restriction
General
Restriction order approach, Generic restriction order documents
MPS – Submissions re the Lambert Report on the law of confidence and misuse of private information
Submissions
Restriction order approach, The Lambert Report
Designated Lawyers – Submissions re the Lambert Report
Submissions
Restriction order approach, Lambert Report
Directions re the Lambert Report (Direction 23)
Direction
Restriction order approach, The Lambert Report
Guardian News and Media – Submissions re the Lambert Report
Submissions
Restriction order approach, The Lambert Report
Sir John Mitting – Statement on anonymity applications
Chairman's statement
Restriction order approach
Press Notice: SDS Processing anonymity applications
Press Notice
Anonymity, Restriction order approach
Fourth Witness Statement of Alan Pughsley
Witness Statement
Restriction order approach, Generic restriction order documents, Photographs
MPS – Submissions on the restriction order approach
Submissions
Restriction order approach, Generic restriction order documents
Transcript of UCPI Procedural Hearing 9: Anonymity III, Restriction Order Approach
Transcript
Anonymity, Restriction order approach, Photographs
Annex A (amended) to NPSCPs submissions: with example gisting served on behalf of the NPSCPs
Annex
Restriction order approach
CTI – Note on the future approach to the publication of open evidence in support of key anonymity applications
Counsel note
Restriction order approach, Photographs
Harriet Wistrich / Category H (NSCP) – Submissions on restriction order approach
Submissions
Restriction order approach
NPCC – Submissions in support of applications for restriction orders
Submissions
Restriction order approach, Generic restriction order documents
Open version of spreadsheet referred to in NPCC generic submissions
Supporting material
Restriction order approach, Generic restriction order documents
Peter Francis – Response to consultation on changes to publication of material in the restriction order process
Submissions
Restriction order approach
MPS – Response to consultation on changes to publication of material in the restriction order process
Submissions
Restriction order approach
NSCPs – Response to consultation on changes to publication of material in the restriction order process
Submissions
Restriction order approach, Photographs
Third Witness Statement of Donal O’Driscoll
Witness Statement
Restriction order approach
Email exchange between NSCP and UCPI re restriction orders
Supporting material
Restriction order approach, Photographs
Consultation on proposed changes to the publication of open versions of key SDS anonymity applications
Consultation
Restriction order approach
Press Notice: Consultation on publication of documents relating to anonymity
Press Notice
Anonymity, Restriction order approach
Transcript of UCPI Procedural Hearing 8: Anonymity II, Restriction Order Approach (Day 2)
Transcript
Anonymity, Restriction order approach, Photographs
Sir John Mitting – Opening Statement
Chairman's statement, Opening Statement
Anonymity, Restriction order approach
Transcript of UCPI Procedural Hearing 8: Anonymity II, Restriction Order Approach (Day 1)
Transcript
Anonymity, Restriction order approach, Neither Confirm Nor Deny
Witness Statement of Geoff Bluemel
Witness Statement
Restriction order approach, Generic restriction order documents
Extracts of statement of Alan Pughsley for NPCC made 27 September 2017
As relied on by the Metropolitan Police Service in support of anonymity applications
Witness Statement
Anonymity, Restriction order approach
Christopher Farrimond – Gist of Witness Statement
Witness Statement
Restriction order approach, Generic restriction order documents
Third Witness Statement of Cairo
Witness Statement
Restriction order approach, Generic restriction order documents
Sir John Mitting – Protocol for the imposition of restrictions to the publication of documents and other evidence produced to the inquiry by the MPS
Chairman's statement
Restriction order approach
Sir John Mitting – Statement on the protocol for the provision of documents and other information to the Inquiry by the MPS
Chairman's statement
Restriction order approach
Disclosure Protocol for the provision of documents and other information to the Inquiry by the MPS
Protocol
Restriction order approach, Generic restriction order documents
Restriction Protocol for the imposition of restrictions to the publication of documents and other evidence produced to the Inquiry by the MPS
Protocol
Restriction order approach, Generic restriction order documents
Inquiry Legal Team: response to the consultation on MPS Disclosure and Restriction Protocols
Submissions
Restriction order approach, Generic restriction order documents
Extension of time for service of anonymity applications by the MPS in respect of the SDS (Direction 12)
Order
Anonymity, Restriction order approach
Ruling on the MPS’s application for extension of time for restriction order applications
and for a change by the Inquiry to its approach to investigation
Ruling
Restriction order approach
Press Notice: Ruling following the Hearing on 5 and 6 April 2017
Covering applications by the Metropolitan Police Service for an extension of time for the making of restriction order applications and for a change by the Inquiry to its approach to investigation.
Press Notice
Restriction order approach, Metropolitan Police Service Applications
Transcript of UCPI Procedural Hearing 6: Anonymity I, Restriction Order Approach (Day 2)
Transcript
Anonymity, Restriction order approach
Transcript of UCPI Procedural Hearing 6: Anonymity I, Restriction Order Approach (Day 1)
Transcript
Anonymity, Restriction order approach
Operational note for hearing of 5 April 2017
Operational Note
Restriction order approach, Metropolitan Police Service Applications
CTI – Supplementary note for the hearing on 5 April 2017 (Note 2)
Counsel note
Restriction order approach, Anonymity
MPS – Response to submissions from other parties ahead of the hearing of 5 April 2017
Submissions
Restriction order approach, Anonymity
Flowchart setting out approach to restriction order (anonymity) process
Supporting material
Restriction order approach, Anonymity
Trade Unions – Submissions in response to CTI Note of 2 March 2017
Submissions
Restriction order approach, Anonymity
NPCC – Submissions re MPS application for extension of time and for a change in the Inquiry approach
Submissions
Restriction order approach, Anonymity
NCA – Submissions for hearing of 5 April 2017
Submissions
Restriction order approach, Anonymity
NSCPs – Submissions for hearing of 5 April 2017
Submissions
Restriction order approach, Anonymity
S&G Clients – Submissions for hearing of 5 April 2017
Submissions
Restriction order approach, Anonymity
Peter Francis – Submissions on the MPS application for an extension of time
Submissions
Restriction order approach, Anonymity
Home Office – Submissions on MPS applications for extension of time and change of approach
Submissions
Restriction order approach, Anonymity
Press Notice: Counsel to the Inquiry’s Note for the Hearing on 5 April 2017
Press Notice
Restriction order approach, Metropolitan Police Service Applications
CTI – Note for the hearing on 5 April 2017 (Note 1)
Counsel note
Restriction order approach, Anonymity
Fourth Update Note
Update
Assurance, Anonymity, Restriction order approach, Costs
MSP – Skeleton argument on their application for extension of time and approach to SDS restriction orders
Submissions
Restriction order approach, Anonymity
Direction: extension of time for MPS re Risk Assessments (Direction 11)
Also incorporates letters from the MPS to the Inquiry Solicitor (Piers Doggart) on the issues experienced with the anonymity process
Direction
Restriction order approach, Anonymity
Press Notice: Inquiry Announces Hearing on 5 April 2017
Press Notice
Restriction order approach, Metropolitan Police Service Applications
Note in respect the Chairman’s Ruling on Core Participants 2016 (Ruling 12)
Overview Note
Anonymity
Process map for determining key anonymity applications
Flowchart setting out process as it stood at November 2016
General
Anonymity, Restriction order approach
Third Update Note
Update
Anonymity, Undertakings, Restriction order approach
Press Notice: The Chairman’s Minded-To Note on applications for restriction orders in respect of Jaipur and Karachi
Press Notice
Anonymity, Restriction order approach
Sir Christopher Pitchford – Note on risk assessments in applications by police officers for restriction orders
Chairman's statement
Anonymity, Restriction order approach
Note in respect the Chairman’s guidance note on Risk Assessments dated 20 October 2016
Overview Note
Anonymity, Restriction order approach
Press Notice: The Chairman’s note on risk assessments in respect of applications for restriction orders
Press Notice
Anonymity, Restriction order approach
Direction re restriction order approach – further direction re Cairo, Karachi and Jaipur (Direction 10)
Direction
Restriction order approach
Provisional order granting anonymity to Jaipur and Karachi (Order 5)
Order
Restriction order approach
Partial withdrawal of direction made on 27 May 2016 (Direction 9)
Direction
Restriction order approach
Second Communications Update Note
Update
Core participants, Anonymity, Deceased Children’s Identities (procedural), Restriction order approach
Note in respect of the applications for restriction orders in respect of ‘Cairo’, ‘Jaipur’ and ‘Karachi’
: Ruling dated 19 July 2016
Overview Note
Restriction order approach
Press Notice: Applications for restriction orders in respect of ‘Cairo’, ‘Jaipur’ and ‘Karachi’
Ruling dated 19 July 2016
Press Notice
Restriction order approach
Communications Update Note
Update
Core participants, Anonymity, Restriction order approach
Further directions on restriction orders approach (Direction 5)
Direction
Restriction order approach
Restriction orders: legal principles and approach (Ruling)
Ruling
Restriction order approach
Directions on restriction order approach and deceased children’s identities (Direction 4)
Direction
Restriction order approach, Deceased Children’s Identities (procedural)
Transcript of UCPI Procedural Hearing 3: Restriction order approach (Day 2)
Transcript
Restriction order approach
Transcript of UCPI Procedural Hearing 3: Restriction order approach (Day 1)
Transcript
Restriction order approach, Neither Confirm Nor Deny
Annex to CTI’s Note of 22 March 2016: non-exhaustive list of public interest factors
Annex
Restriction order approach
CTI – Supplementary note re legal principles applying to restriction orders applications (Note 2)
Counsel note
Restriction order approach
Counsel to the Speaker of the House of Commons – Note on the restriction order approach
Submissions
Restriction order approach
Elected Representatives – Submissions on legal principles applying to restriction orders applications
Submissions
Restriction order approach
Media organisations – Submissions on legal principles applying to restriction orders applications
Submissions
Restriction order approach
NSCPs – Submissions on legal approach to restriction orders
Submissions
Restriction order approach
Peter Francis – Submissions on legal approach to restriction orders
Submissions
Restriction order approach
Sir Christopher Pitchford – Note on approach to material for hearing of 22 March 2016
Chairman's statement
Restriction order approach
S&G Clients – Applications on behalf of various SDS officers and open note on legal test to be applied
Submissions
Restriction order approach
NPCC – Submissions on legal approach to restriction orders
Submissions
Restriction order approach
NCA – Submissions on legal tests re applications for restrictions orders
Submissions
Restriction order approach
MPS – Submissions on legal approach to restriction orders
Submissions
Restriction order approach
Home Office – Submissions on legal principles applying to restriction orders applications
Submissions
Restriction order approach
CTI - Note on the legal tests applicable to applications for restriction orders (Note 1)
Counsel note
Restriction order approach
Directions on undertakings and on restriction order approach (Direction 2)
Direction
Restriction order approach, Undertakings
NPCC – Submissions on the principle of Neither Confirm Nor Deny
Submissions
Restriction order approach, Neither Confirm Nor Deny
Witness Statement of Paddy McGuinness on ‘Neither Confirm Nor Deny’
Witness Statement
Restriction order approach, Neither Confirm Nor Deny
Costs of Legal Representation Awards; Direction on Standard of Proof, Restriction Order Approach & Undertakings
(corrected Ruling 1, Direction 1)
Ruling, Direction
Core participants, Standard of Proof, Costs, Legal Representation, Restriction order approach, Undertakings
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References

Author(s)
Title
Publisher
Year
Undercover Policing Inquiry: Chairman’s Ruling on Restriction Orders
Hodge Jones & Allen
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