Topic revision

Disclosure, RIPA and CHIS
for the National Investigators' Exam

The last two chapters of Part 1 of the police NIE syllabus deal with what investigators do with material and how they gather it covertly: disclosure under the Criminal Procedure and Investigations Act 1996 and its Code of Practice, and surveillance and covert human intelligence sources under Part II of the Regulation of Investigatory Powers Act 2000. This page sets out both with the section and paragraph numbers we checked, a single table of authorisation levels and durations, the traps and five original worked questions.

Independent information, not advice · Sources checked 11 October 2026 · England and Wales unless stated

Short answer: what do you need to know about disclosure and RIPA for the NIE?

For disclosure: the investigator pursues all reasonable lines of inquiry, the police record, retain, schedule and reveal relevant material, the prosecutor applies the s.3 and s.7A test, and the court decides on withholding sensitive material. Retention runs to the charge decision, then to the end of the case, then at least six months from conviction (or until release from custody, if later). For RIPA: directed surveillance and CHIS are authorised by a superintendent (inspector if urgent) for three and twelve months; intrusive surveillance needs the chief constable and usually a Judicial Commissioner's approval first; juvenile sources need an ACC, last four months and can never be used against a parent if under 16.

Disclosure and RIPA at a glance

Both topics sit in Part 1 of the syllabus (general principles, police powers and procedures), alongside the PACE Codes and the general principles covered on the Part 1 overview. If you sit on Tuesday, 17 November 2026, expect the questions to test application: who decides, which authority, how long.

The numbers and rules that matter most
Point	Rule
Disclosure law	CPIA 1996 Part I (disclosure) and Part II (the Code of Practice under s.23). The 2020 Code has been in force since 31 December 2020
Police duties	Pursue reasonable lines of inquiry, record, retain, schedule, reveal to the prosecutor, certify (Code sections 3 to 9)
Who applies the test	The prosecutor (s.3, s.7A). The court decides whether sensitive material may be withheld
Retention after conviction	Until release or discharge for custody or a hospital order, but never under 6 months from conviction; otherwise 6 months; longer if an appeal or CCRC application is live
Defence statement	Compulsory in the Crown Court (28 days), voluntary in the magistrates' court (14 days), from initial disclosure
Directed surveillance	Superintendent (inspector if urgent). 3 months, or 72 hours if urgent oral or granted by the urgent-cases officer
Intrusive surveillance	Chief constable (ACC in urgent cases). Judicial Commissioner approval before it takes effect unless urgent. 3 months
CHIS	Superintendent (inspector if urgent). 12 months; 4 months for a juvenile; ACC for a juvenile or vulnerable source
Criminal conduct authorisation	Superintendent (inspector if urgent). Only with or after a CHIS authorisation. Judicial Commissioner notified within 7 days

Why investigators get tested on this

A trainee investigator is usually the officer in charge or the disclosure officer in their own cases, and is the person who writes the surveillance or CHIS application that a superintendent signs. The College's handbook says the NIE examines areas identified by a survey of operational investigators as important and frequently encountered, and that the exam is about applying the law rather than recalling tables. Disclosure failures can collapse a prosecution; a surveillance operation carried out without the right authority risks the evidence and the Human Rights Act protection that s.27 RIPA gives to properly authorised conduct.

Law as at the Manual

The NIE examines the law as it appears in Blackstone's Police Investigators' Manual 2026. Where we describe a later instrument (for example the Criminal Procedure Rules 2025), check whether the Manual edition you are using reflects it; the College says later changes are examined only with prior notice.

How the CPIA disclosure scheme works

Investigate. Pursue all reasonable lines of inquiry (Code 3.5).
Record. Relevant information not recorded in any form must be recorded in a durable or retrievable form (4.1), at the time or as soon as practicable (4.4).
Retain. Material that may be relevant is kept (5.1) for the periods in 5.7 to 5.10.
Schedule. Non-sensitive and sensitive schedules where required (6.3, 6.14).
Reveal. The schedules go to the prosecutor, with attention drawn to material that may meet the test (7.1 to 7.5).
Certify. The disclosure officer certifies that all relevant retained material has been revealed (9.1).
Prosecutor discloses. Initial disclosure under s.3 and the continuing duty under s.7A.
Defence responds. Defence statement (s.5 or s.6) and witness notice (s.6C), which trigger a further review (Code 8.3).

The Code binds police officers. A person other than a police officer charged with conducting an investigation must have regard to it (s.26(1)), which is the position of many police staff investigators sitting the NIE.

The roles under the Code

Who is who
Role	Definition	Key duties
Investigator	Any police officer involved in conducting a criminal investigation. All investigators have a responsibility for carrying out the duties imposed by the Code	Code 2.1; pursue reasonable lines of inquiry (3.5); retain relevant material (5.1)
Officer in charge of the investigation	The police officer responsible for directing the investigation and for ensuring proper procedures are in place for recording information and retaining records and material	Code 2.1; may delegate but remains responsible (3.4); records unrecorded information (4.1)
Disclosure officer	The person responsible for examining retained material, revealing it to the prosecutor, certifying, and disclosing to the accused at the prosecutor's request	Code 2.1; schedules (6), revelation (7), re-review (8), certificate (9), disclosure to the accused (10)
Prosecutor	The authority responsible for conducting the proceedings for the Crown	Applies the s.3 and s.7A test; endorses schedules (10.1)
Chief officer of police	Puts arrangements in place so the officer in charge and disclosure officer are recorded in every case and disclosure officers have enough skills and authority	Code 3.3

Separate functions, one person possible. The functions are separate, but one person may perform more than one of them depending on the complexity of the case and force arrangements (3.1).
Conflict of interest. No one may be appointed, or continue as, disclosure officer where that is likely to give rise to a conflict of interest, for example the victim of the alleged crime (3.3).
Delegation. The officer in charge may delegate tasks but remains responsible for ensuring they are done (3.4).
Reassignment. If the officer in charge or disclosure officer can no longer act, a supervisor or the officer in charge of criminal investigations for the force assigns someone else and records it (3.7).

Relevant material and reasonable lines of inquiry

Criminal investigation. An investigation by police officers with a view to finding out whether a person should be charged, or whether a charged person is guilty. It includes investigations into crimes already committed, investigations to establish whether a crime has been committed, and investigations that begin in the belief that a crime may be committed, for example where police keep premises or people under observation with a view to possible proceedings (2.1). So the Code can apply to a surveillance operation before any offence happens.
Relevant. Material that appears to an investigator, the officer in charge or the disclosure officer to have some bearing on any offence or person under investigation or the surrounding circumstances, unless incapable of having any impact on the case (2.1).
Sensitive. Material whose disclosure the disclosure officer believes would give rise to a real risk of serious prejudice to an important public interest (2.1, 6.14).
Both directions. Reasonable lines of inquiry include those pointing away from the suspect. The investigator decides, with the prosecutor's assistance if required (3.5).
Third parties. Where the officer in charge believes others hold relevant material not obtained under 3.5, the disclosure officer tells them about the investigation and invites them to retain it, and tells the prosecutor. There is no duty to make speculative enquiries: there must be some reason to believe they hold relevant material (3.6).

Recording and retaining material

Unrecorded information. The officer in charge ensures it is recorded in a durable or retrievable form (4.1). Where the original record forms part of a larger record due for destruction, its contents are transferred first (4.2).
Negative information. Often relevant, and recorded if it may be (4.3).
Timing. At the time or as soon as practicable, including house-to-house information, without requiring a statement that would not otherwise be taken (4.4).
Copies. Material may be kept as a photograph, recording or digital copy where the original is perishable, was supplied and is to be returned, or a copy is reasonable in all the circumstances (5.1).
Particular categories. The duty includes, for example, records of 999 calls describing the offence or offender, incident logs and contemporaneous records such as crime reports (5.4).

Minimum retention periods
Stage	Keep at least	Code para
Before a charging decision	All material that may be relevant, until a decision is taken whether to institute proceedings	5.7
Proceedings instituted	At least until acquittal, conviction or the prosecutor deciding not to proceed	5.8
Convicted: custody or hospital order	At least until release or discharge, and never less than 6 months from conviction	5.9
Convicted: any other sentence	At least 6 months from the date of conviction	5.9
Appeal in progress at that point	Until the appeal is determined	5.10
CCRC considering an application at that point	At least until it decides not to refer the case	5.10

Schedules of unused material

When a schedule must be prepared
Case	Schedule?	Code para
Indictable-only offence	Schedule required	6.3
Either way, likely to be tried on indictment	Schedule required	6.3
Either way, likely to stay in the magistrates' court, likely not guilty plea	Schedule required	6.3
Summary offence, likely not guilty plea	Schedule required	6.3
Summary or either way, likely guilty plea (for example admissions)	No schedule unless a not guilty plea is later entered or indicated; material that might help the defence early or at a bail hearing is still disclosed under the common law	6.4, 6.5

Presumed-disclosable material (6.6). Material such as records of 999 calls describing the offence or offender and incident logs is likely to meet the test, and must be scheduled and provided to the prosecutor (subject to 6.4).
Sensitive schedule (6.14). Material the disclosure officer believes would give rise to a real risk of serious prejudice to an important public interest, with the reason and a statement that it is believed sensitive. Examples given include national security material and the identity or activities of informants.
Exceptionally sensitive (6.15, 6.16). Where compromise would be likely to lead directly to loss of life or directly threaten national security, the existence of the material is revealed to the prosecutor separately, by the investigator who knows the detail.

Revealing to the prosecutor and certifying

When. With the case file where a Full Code Test charge is made and a not guilty plea is anticipated (7.1); otherwise as soon as possible after a not guilty plea is indicated or entered (7.2).
Drawing attention. The disclosure officer draws the prosecutor's attention to retained material that may satisfy the test and explains why (7.3), and supplies copies of key categories (7.4, 7.5).
After a defence statement. The disclosure officer must look again at the retained material and draw attention to anything that might reasonably be considered capable of undermining the prosecution case or assisting the accused (8.3).
Certificate. To the best of their knowledge and belief, all relevant retained material made available to them has been revealed. Signed and dated, at first submission, after the post-defence statement review and whenever a schedule is otherwise given or material otherwise revealed (9.1).

Disclosure to the accused and initial details

The test (s.3). The prosecutor must disclose any prosecution material not previously disclosed which might reasonably be considered capable of undermining the case for the prosecution or of assisting the case for the accused, or give a written statement that there is none.
Continuing duty (s.7A). Until acquittal, conviction or a decision not to proceed, the prosecutor keeps the question under review, in particular after a defence statement.
Accused's application (s.8). After a defence statement, an accused with reasonable cause to believe material should have been disclosed may apply to the court.
Timing (Code 10.4). In the magistrates' court, at the hearing where a not guilty plea is entered or as soon as possible after a formal indication of one; in the Crown Court, if possible before the Plea and Trial Preparation Hearing.
Initial details of the prosecution case. Separate from unused material. In the magistrates' court the prosecutor serves initial details on the court officer as soon as practicable and no later than the beginning of the day of the first hearing (CrimPR 2025 rule 8.2). Where the defendant was in police custody for the offence immediately before the first hearing, they must include a summary of the circumstances and the criminal record; otherwise they also include any account in interview, statements and exhibits material to plea, allocation or sentence, and any victim impact statement (rule 8.3).

Defence statements and witness notices

Defence disclosure
Point	Rule	Source
Crown Court	Defence statement compulsory	s.5
Magistrates' court	Defence statement voluntary	s.6
Contents	Nature of the defence and particular defences, matters of fact in issue and why, facts relied on, points of law; alibi particulars with witness details	s.6A
Defence witnesses	Notice of intended defence witnesses (other than the accused) with names, addresses and dates of birth where known	s.6C
Time limits	28 days (Crown Court) or 14 days (summary) from the day the prosecutor complies or purports to comply with s.3	SI 2011/209 reg 2
Faults	Comment and proper inferences where a statement is missing, late, inconsistent or departed from at trial	s.11
Police action	Disclosure officer re-reviews and certifies again	Code 8.3, 9.1

Failure to comply

A police officer's failure to comply with the Code does not in itself make them liable to criminal or civil proceedings (s.26(2)), but the Code is admissible in evidence and a court must take into account any relevant provision or failure (s.26(3), (4)). In practice, disclosure failures lead to stayed or collapsed prosecutions and can lead to misconduct proceedings; neither route depends on s.26 creating an offence.

RIPA Part II: what it covers

Part II applies to directed surveillance, intrusive surveillance, the conduct and use of covert human intelligence sources, and (since 2021) criminal conduct in connection with a CHIS (s.26(1)). Conduct authorised and carried out in accordance with Part II is lawful for all purposes (s.27).

Covert. Surveillance is covert only if carried out in a manner calculated to ensure the people subject to it are unaware it is or may be taking place (s.26(9)(a)).
Private information includes any information relating to a person's private or family life (s.26(10)).
Grounds. Directed surveillance and CHIS: national security, preventing or detecting crime or preventing disorder, economic well-being, public safety, public health, tax, or a ground added by order (ss.28(3), 29(3)). Intrusive surveillance: national security, preventing or detecting serious crime, or economic well-being only (s.32(3)).
Serious crime (s.81(3)). An offence for which a person aged 21 or over with no previous convictions could reasonably expect three years' imprisonment or more, or conduct involving violence, substantial financial gain or a large number of people pursuing a common purpose.
Necessity and proportionality. Every authorisation needs the authorising officer's belief that it is necessary on a listed ground and proportionate (ss.28(2), 29(2), 32(2)). For intrusive surveillance the officer must consider whether the information could reasonably be obtained by other means (s.32(4)).

Directed or intrusive?

Telling them apart
Test	Directed (s.26(2))	Intrusive (s.26(3))
Where	Anywhere, including public places	In relation to anything on residential premises or in a private vehicle
How	Any covert method	A person present on the premises or in the vehicle, or a surveillance device
Purpose	A specific investigation or operation, likely to obtain private information	Any
Not covered	An immediate response to events where authorisation is not reasonably practicable (s.26(2)(c))	A vehicle tracking device only (s.26(4)(a)); a device outside unless it consistently gives inside-quality information (s.26(5))
Who authorises (territorial force)	Superintendent; inspector if urgent	Chief constable; ACC in urgent cases under s.34
Extra safeguard	Chief constable if confidential or privileged material is likely (CSPI Code Annex A)	Judicial Commissioner approval before effect, unless urgent (s.36)

General observation. Ordinary patrol and observation of a location, including plain clothes work at a crime hot spot, does not need authorisation (CSPI Code 3.33).
Legal consultations. Directed surveillance of legal consultations in certain places is treated as intrusive surveillance under the 2010 Legal Consultations Order (CSPI Code 3.22).
A device attached to a car counts as being in the vehicle (s.26(11)).
Online activity. The Covert Surveillance Code treats general monitoring of publicly accessible areas of the internet, not part of a specific investigation, as general observation (3.33). Its examples include officers searching public social media using a general term such as the name of an event they are policing, which would not normally need a directed surveillance authorisation. Planned, repeated viewing aimed at a specific person in a specific investigation needs the directed surveillance tests applying afresh; the Code gives detailed guidance that we have not summarised.

Covert human intelligence sources

Definition (s.26(8)). A person who establishes or maintains a personal or other relationship for the covert purpose of using it to obtain information or provide access to it, or who covertly discloses information obtained through such a relationship.
Conduct and use (s.26(7)). Conduct is what the source does. Use is inducing, asking or assisting a person to act as a source. Both need authorisation.
Arrangements (s.29(5)). At all times someone with day-to-day responsibility for the source and their security and welfare (the handler), someone with general oversight (the controller), and someone maintaining a record of the use made of the source, with access to identifying records restricted to those who need it.
No crime by default (s.29(6ZA)). A CHIS authorisation does not authorise criminal conduct.
Designated police staff (s.29(6A)). An authorisation cannot allow a CHIS who is a person designated under s.38 Police Reform Act 2002 to establish contact in person with another person.
Renewal (s.43(6), (7)). Only after a review of the use made of the source, the tasks given and the information obtained.

Juvenile sources

Under 16 and a parent. No authorisation where the relationship is with the source's parent or anyone with parental responsibility (Juveniles Order art 3).
Under 16: appropriate adult. Someone must be responsible for ensuring an appropriate adult is present at all meetings with the source (art 4).
Under 18: risk assessment. Of physical injury and psychological distress, considered by the authorising officer, with any risks explained to and understood by the source; particular consideration where the relationship is with a relative or carer (art 5).
Duration. Four months instead of twelve (art 6), with at least monthly reviews (CHIS Code 4.8). Authorisation by an ACC in a territorial force (CHIS Code Annex A).

Criminal conduct authorisations

What. Authority for criminal conduct in the course of, or in connection with, the conduct of a CHIS (s.29B(2)).
When. Only after, or at the same time as, a s.29 authorisation for that source (s.29B(3)); it falls away if the s.29 authorisation ends (s.29B(9)).
Grounds. National security, preventing or detecting crime or preventing disorder, or economic well-being (s.29B(5)). Narrower than for the CHIS authorisation itself.
Other means. The authorising officer must take into account whether the aim could reasonably be achieved by conduct that would not be a crime (s.29B(6)), and other matters such as the Human Rights Act 1998 (s.29B(7)).
Juveniles. Only in exceptional circumstances where no harm to the source is reasonably foreseeable and the authorisation is compatible with safeguarding their best interests, after an appropriate risk assessment (s.29C). Not for an under-16 source against a parent (Juveniles Order art 7).
Notification. A Judicial Commissioner must be notified in writing as soon as reasonably practicable and within 7 days, beginning the day after grant or cancellation (s.32C).
Level and duration. Superintendent, inspector in urgent cases (2010 Order Schedule Part 1B); 12 months (s.43(3)(b)).

Which authorisation? A five-step check

Is it covert? If the people concerned are meant to be unaware it is or may be happening, it is covert (s.26(9)(a)). Overt activity, such as signed CCTV, is outside Part II.
Is a relationship being used? If a person establishes or maintains a relationship to obtain or pass on information covertly, consider a CHIS authorisation (s.26(8)). If that person will commit crime, a criminal conduct authorisation as well (s.29B).
Is it on residential premises or in a private vehicle? With a person or device present (or a device outside giving inside-quality information), it is intrusive (s.26(3), (5)): chief constable and Judicial Commissioner approval.
Is it planned, for a specific investigation, and likely to obtain private information? Then it is directed surveillance (s.26(2)): superintendent, or inspector if urgent. An immediate response to events or general observation is not.
Are there enhanced factors? Confidential or privileged material likely, a juvenile or vulnerable source, or an undercover officer: check the higher levels in the Codes' Annex A tables and the 2010 Order.

Authorisation levels and durations: one table

Territorial police forces in England and Wales. Urgent oral grants and grants by an officer entitled to act only in urgent cases last 72 hours unless renewed (s.43(3)(a)).

RIPA Part II authorisations for a territorial force
Activity	Authorising officer	Urgent cases	Duration (written)	Urgent duration	Extra safeguards
Directed surveillance	Superintendent	Inspector	3 months (s.43(3)(c))	72 hours if urgent oral or granted by the urgent-cases officer (s.43(3)(a))	Chief constable where confidential or privileged material is likely (CSPI Code Annex A)
Intrusive surveillance	Chief constable (senior authorising officer, s.32(6))	ACC where neither the chief nor a designated deputy can consider it (s.34)	3 months	72 hours for urgent oral grants	Judicial Commissioner approval before it takes effect unless urgent (s.36)
CHIS (use or conduct)	Superintendent	Inspector	12 months (s.43(3)(b))	72 hours	ACC for a juvenile or vulnerable adult source; chief constable where confidential material is likely (CHIS Code Annex A)
Juvenile CHIS (under 18)	ACC (CHIS Code Annex A)	Not set out in the Code table	4 months, reviewed at least monthly		No under-16 source against a parent; appropriate adult at meetings under 16; risk assessment (Juveniles Order)
CHIS to obtain legally privileged material	Set by the Legal Privilege Order 2010 and the CHIS Code		3 months for a non-intelligence public authority (CHIS Code 5.18)		We did not read the 2010 Legal Privilege Order
Criminal conduct authorisation	Superintendent	Inspector	12 months (s.43(3)(b))	72 hours	Notify a Judicial Commissioner within 7 days (s.32C); juvenile CCAs only in exceptional circumstances (s.29C) and last 4 months (CHIS Code 5.17)
Relevant source (undercover officer)	ACC	Superintendent	12 months		Chief constable for long-term authorisations; renewals beyond 12 months pre-approved by a Judicial Commissioner (CHIS Code 5.22)

Reviews, renewals and cancellation

Renewal. Any authorisation may be renewed before it ceases to have effect by anyone entitled to grant a new authorisation in the same terms (s.43(4)). A CHIS or criminal conduct authorisation can only be renewed after a review of the use made of the source, the tasks given and the information obtained (s.43(6), (7)).
When a renewal starts. A renewal takes effect at the time or on the day the authorisation would otherwise have ceased (s.43(9)(b)), so renewing early does not shorten the existing period.
Duty to cancel (s.45). The person who granted or last renewed an authorisation must cancel it once satisfied that the necessity and proportionality requirements are no longer met, or, for a CHIS, that the required arrangements for the source's case (handler, controller, records) no longer exist.
Reviews in practice. The Codes expect regular reviews by the authorising officer; for a juvenile CHIS, at least monthly (CHIS Code 4.8). The Covert Surveillance Code says a directed surveillance authorisation should be granted for the full statutory three months even if expected to be shorter, reviewed at a suitable interval and cancelled when no longer necessary (5.14).

Where disclosure and RIPA meet

The two halves of this page are linked in practice. Covert material is often relevant under the CPIA Code, and the Code's list of examples of sensitive material reads like a list of covert tactics.

Sensitive schedule examples (Code 6.14). Material about the identity or activities of informants, undercover officers or others who may be in danger; the location of premises used for police surveillance or the identity of the people who let police use them; and techniques and methods relied on by police, for example covert surveillance techniques.
Exceptionally sensitive material (6.15). Where revealing material even on the sensitive schedule is inappropriate because compromise would be likely to lead directly to loss of life or directly threaten national security, its existence is revealed to the prosecutor separately.
The CPIA still applies to covert operations. A criminal investigation includes one that begins in the belief that a crime may be committed, for example keeping premises or people under observation (Code 2.1). So the recording and retention duties start before any offence is committed.
The court, not the police, decides withholding. Listing material as sensitive reveals it to the prosecutor; whether it can be withheld from the defence is for the court on the prosecutor's application.

An exam-style way to think about it

For any covert scenario, ask three questions in order: does RIPA require an authorisation and at what level; is the resulting material relevant under the CPIA Code; and, if so, which schedule does it go on and who decides whether the defence see it.

Did the Investigatory Powers (Amendment) Act 2024 change any of this?

We checked because candidates ask. The 2024 Act's contents cover bulk personal datasets, oversight (deputy and temporary Judicial Commissioners and the Investigatory Powers Commissioner's functions), communications data and internet connection records, notices to telecommunications operators, and interception and equipment interference warrants. It amends the Investigatory Powers Act 2016 rather than the RIPA Part II rules on surveillance and CHIS.

The RIPA sections we read on legislation.gov.uk on 11 October 2026 (ss.26 to 36, 43, 48 and 81) were marked up to date with changes in force on or before 10 or 11 October 2026 and showed no 2024 Act amendments to authorisation levels or durations. Changes to who sits as a Judicial Commissioner do not change the rule that intrusive surveillance needs a Judicial Commissioner's approval or that criminal conduct authorisations must be notified to one.

The traps, in one table

Common disclosure and RIPA traps
The tempting answer	The correct position
The disclosure officer decides what the defence get	The prosecutor applies the test (s.3, s.7A). The disclosure officer flags and explains (Code 7.3)
Only lines of inquiry pointing at the suspect are needed	All reasonable lines, towards or away from the suspect (Code 3.5)
Negative information need not be recorded	If it may be relevant it must be recorded, for example people who saw nothing unusual (Code 4.3)
After a fine, material can go once the case ends	At least 6 months from conviction (Code 5.9)
A schedule is always needed	Not for a likely guilty plea to a summary or either way offence (Code 6.4), unless a not guilty plea follows
After initial disclosure the police are done	The disclosure officer must look again after a defence statement and certify again (Code 8.3, 9.1); the prosecutor's s.7A duty continues
Defence statement time runs from charge	From the day the prosecutor complies or purports to comply with s.3 (2011 Regulations reg 2)
Breaching the Code is an offence	Not in itself (s.26(2)), but courts take breaches into account where relevant (s.26(4))
Plain clothes officers watching a shoplifting hot spot need authorisation	General observation is not directed surveillance (CSPI Code 3.33)
A camera outside a house is always intrusive	Only if it consistently provides information of the same quality as a device inside (s.26(5)); otherwise it is directed
A superintendent can authorise a device in a suspect's car	That is intrusive surveillance: chief constable, and usually Judicial Commissioner approval first (ss.32, 36)
Directed surveillance grounds are the same as intrusive	Intrusive is limited to national security, serious crime and economic well-being (s.32(3)); directed has the wider s.28(3) list
Anyone who gives information is a CHIS	Only where there is a relationship used covertly to obtain or disclose information (s.26(8))
A CHIS authorisation covers any offence the source commits	It authorises no criminal conduct (s.29(6ZA)); that needs a separate s.29B authorisation
A 15 year old can be tasked against a parent if the risk is assessed	Prohibited outright for under-16s (Juveniles Order article 3)

Five worked questions

Original practice questions written by PolicePay from the Acts, the Orders and the Codes. They are not real, past or recalled NIE questions and are not taken from Blackstone's.

CPIA: retention Worked question 1

HUGHES is convicted of an either way offence on 1 March and given a community order. There is no appeal and no application to the Criminal Cases Review Commission. Under the CPIA Code, until when at least must relevant material be retained?

A. Until the end of the community order.

B. Correct: Until 1 September, six months from the date of conviction.

C. Until the date of sentence, because the case is then concluded.

D. For twelve months from the date of conviction.

Paragraph 5.9 of the Code requires material that may be relevant to be kept, where the court does not impose custody or a hospital order, for at least six months from the date of conviction. The length of the community order is irrelevant. If an appeal against conviction had been in progress at the end of the six months, para 5.10 would extend retention until it was determined.

Source: CPIA Code paras 5.9, 5.10

CPIA: after a defence statement Worked question 2

IQBAL is charged with wounding and the prosecutor serves initial disclosure. IQBAL's defence statement says he acted in self-defence because the complainant had a knife. The disclosure officer recalls an incident log entry in which a caller described something shiny in the complainant's hand. What must the disclosure officer do?

A. Nothing unless the defence apply to the court under s.8.

B. Correct: Look again at the retained material, draw the prosecutor's attention to anything that might undermine the prosecution case or assist the accused, reveal it under paras 7.4 and 7.5 and certify again.

C. Send the log directly to the defence, because it obviously assists them.

D. Ask the officer in charge to decide whether the log is relevant.

After a defence statement the disclosure officer must look again at the retained material and draw the prosecutor's attention to material that might reasonably be considered capable of undermining the prosecution case or assisting the accused, revealing it in accordance with paras 7.4 and 7.5 (para 8.3), and must certify again (para 9.1). Section 8 is the accused's remedy, not a gate. Disclosure to the defence is by or at the request of the prosecutor, who applies the s.7A test.

Source: CPIA Code 8.3, 9.1; CPIA s.7A

RIPA: directed surveillance Worked question 3

Officers plan to sit in an unmarked car on a public road for a week, photographing who visits the front door of a house used by a suspected drug supplier. They expect to learn private information about the suspect and his visitors. Which authorisation is needed in a territorial police force?

A. None, because the surveillance takes place from a public road.

B. Intrusive surveillance authorised by the chief constable, because it concerns residential premises.

C. Correct: Directed surveillance authorised by a superintendent (or an inspector if urgent), lasting three months unless cancelled.

D. A CHIS authorisation, because the officers are covert.

The surveillance is covert, for a specific operation, likely to obtain private information and not an immediate response to events, so it is directed (s.26(2)). It is not intrusive: no one is on the premises or in a private vehicle at the address and no device is present there, and photographing the door from the road does not consistently give information of the quality a device inside would (s.26(3), (5)). The 2010 Order sets superintendent, with inspector for urgent cases; a written authorisation lasts three months (s.43(3)(c)). Officers watching are not CHIS because they form no relationship.

Source: RIPA ss.26(2), (3), (5), 28, 43(3); SI 2010/521 Schedule

RIPA: juvenile CHIS Worked question 4

JODIE, aged 15, tells officers her father is dealing drugs from the family home and offers to report what she hears there. Officers would like to task her. What is the position?

A. An assistant chief constable may authorise her as a CHIS for four months after a risk assessment.

B. A superintendent may authorise her for twelve months with an appropriate adult present at meetings.

C. Correct: No authorisation may be granted for her to be used as a CHIS in relation to her relationship with her father.

D. She may be used without authorisation because she volunteered.

Article 3 of the Regulation of Investigatory Powers (Juveniles) Order 2000 prohibits any s.29 authorisation where the source is under 16 and the relationship is with a parent or a person with parental responsibility. The enhanced level (ACC) and four month duration apply to other juvenile sources. Tasking her to maintain the relationship and report would make her a CHIS (s.26(8)), so 'she volunteered' does not remove the need for authorisation; it simply cannot be given here. Her safeguarding needs separate attention.

Source: SI 2000/2793 art 3; RIPA s.26(8); CHIS Code 4.8

RIPA: intrusive surveillance Worked question 5

A detective inspector wants to fit a listening device inside a suspect's private car to record conversations about planned armed robberies. Which statement is correct?

A. A superintendent can authorise it as directed surveillance because a car is not residential premises.

B. Correct: It is intrusive surveillance. The chief constable (or an ACC in the urgent circumstances in s.34) may authorise it if necessary to prevent or detect serious crime and proportionate, and it generally takes effect only once a Judicial Commissioner has approved it.

C. It is intrusive surveillance and only the Secretary of State may authorise it.

D. No authorisation is needed because the device only records audio.

Covert surveillance in relation to anything in a private vehicle by means of a device in the vehicle is intrusive (s.26(3), (11)). Senior authorising officers include the chief constable of each territorial force (s.32(6)), with ACCs able to act in urgent cases (s.34(4)). The ground must be national security, serious crime or economic well-being (s.32(3)), and armed robbery meets the s.81(3) serious crime tests. Under s.36 the authorisation does not take effect until a Judicial Commissioner approves it and notice is given, unless the authorising officer believes the case is urgent.

Source: RIPA ss.26(3), (11), 32, 34, 36, 81(3)

More free questions are on NIE practice questions and answers. Our paid NIE exam prep toolkit (we make it) adds a larger checked bank and timed 80-question mocks; the Manual remains the syllabus.

Worked scenarios

1. The witness who saw nothing House-to-house enquiries after a street robbery find six neighbours who were at their windows and saw nothing unusual. A probationer does not record them because they 'have no evidence'. Code para 4.3 says negative information is often relevant and, if it may be relevant, must be recorded. Para 4.4 requires recording at the time or as soon as practicable, without needing a statement where one would not otherwise be taken. The record goes on the schedule like any other relevant material.

2. The victim as disclosure officer A detective constable is assaulted while off duty and the suspect is charged. A supervisor suggests the detective is best placed to be disclosure officer. Code para 3.3 bars it: no one may be appointed, or continue, where that is likely to create a conflict of interest, and the Code gives being the victim as the example. If in doubt, seek a more senior officer's advice and then the prosecutor's.

3. The patrol that turned into surveillance Plain clothes officers patrolling a town centre see a known shoplifter and follow her for twenty minutes. That is an immediate response to events, not directed surveillance (s.26(2)(c); CSPI Code 3.32). If, next week, they plan to follow the same woman on set days to see who she meets, it becomes a pre-planned operation likely to obtain private information, and directed surveillance authorisation is needed.

4. The informant who wants to drive An authorised CHIS inside a drugs network says he will be expected to drive members to deals and may have to carry packages. His CHIS authorisation does not authorise any criminal conduct (s.29(6ZA)). A separate criminal conduct authorisation is needed under s.29B, with necessity and proportionality, consideration of whether the aim can be achieved without crime, and notice to a Judicial Commissioner within seven days (s.32C).

5. The source who went quiet An adult CHIS authorised eleven months ago has provided nothing useful for the last four months and has stopped answering the handler. Before any renewal, s.43(6) and (7) require a review of the use made of the source, the tasks given and the information obtained. If the authorising officer is satisfied the authorisation is no longer necessary or proportionate, or the handler, controller and record-keeping arrangements no longer exist, s.45 requires it to be cancelled rather than left to expire.

6. The guilty plea that changes A man admits a summary offence in interview, so no schedule is prepared (Code 6.4). At court he pleads not guilty. A schedule must now be provided as soon as possible after the not guilty plea is indicated or entered (7.2), and the magistrates' court timing in 10.4 applies to initial disclosure. Material that might have helped at an early stage should already have been flagged under 6.5.

Where this sits in the NIE syllabus

Headings from Appendix A of the College's NIE candidate handbook 2026. We used the headings only and have not read or reproduced the Manual's text.

Part 1 chapters 1.11 and 1.12 (2026 syllabus)
Headings	Topic	Law on this page
1.11.1 to 1.11.3	Disclosure: introduction, failure to comply, initial details of the prosecution case	CPIA s.26; CrimPR 2025 Part 8
1.11.4 to 1.11.13	Disclosure Code of Practice sections 1 to 10	Code paras 1 to 10, as summarised on this page
1.12.1 to 1.12.7	RIPA: surveillance and CHIS, definition, general rules, authorisation procedures, criminal conduct authorisations and the juvenile safeguard	RIPA ss.26, 29, 29B, 29C, 43; 2010 Order; Juveniles Order; CHIS Code
1.12.8 to 1.12.10	Covert surveillance, directed and intrusive surveillance	RIPA ss.26, 28, 32 to 36, 48; CSPI Code

In the College's September 2026 subject area breakdown, 30 of the 70 scored questions came from Part 1. That covers every Part 1 chapter, not just these two.

Revision checklist

Name the CPIA roles and what each does: investigator, officer in charge, disclosure officer, prosecutor, chief officer.
State the relevance test in para 2.1 and who applies it, and the separate disclosure test in s.3 and who applies that.
Know that reasonable lines of inquiry point both ways and that the investigator decides (3.5).
Recite the retention periods in 5.7 to 5.10 without notes.
Know which cases need a schedule (6.3) and which do not (6.4), and the common law duty in 6.5.
Know what goes on the sensitive schedule (6.14) and the exceptional separate route (6.15, 6.16).
Know the defence statement rules: compulsory or voluntary, contents (s.6A), 28 and 14 days, s.11 consequences.
Define directed and intrusive surveillance from memory, including the device-outside rule in s.26(5).
Define a CHIS from s.26(8) and explain the difference between conduct and use (s.26(7)).
Learn the authorisation table: superintendent or inspector for directed surveillance, CHIS and CCAs; chief constable for intrusive; ACC for juvenile and vulnerable sources.
Learn the durations: 3 months, 12 months, 4 months, 72 hours, and the 7 day CCA notification.
Know the s.45 duty to cancel and the review needed before renewing a CHIS authorisation (s.43(6), (7)).
Know the sensitive schedule examples that come from covert work (Code 6.14) and the separate route in 6.15.
Do the five worked questions without notes and check each against the source quoted.

Then test yourself under time with the free NIE mini mock, and see the NIE hub for the rest of the cluster.

What we could not verify

The Manual's text. We have not read Blackstone's Police Investigators' Manual 2026. Where it states the law differently, for example because it predates a change, follow the Manual for the exam.
Juvenile CHIS urgent authorisation. The CHIS Code's Annex A sets the ACC level for juvenile and vulnerable sources; we did not find an urgent-cases level for those in the Code table and have not stated one.
Legal privilege CHIS authorisations. We took the three month duration from CHIS Code para 5.18 and did not read the 2010 Legal Privilege Order itself or its authorisation level.
Relevant sources (undercover officers). We took the authorisation levels from the 2010 Order's Schedule Part 1A and the CHIS Code, and did not read the 2013 Relevant Sources Order itself.
Online investigation guidance. The Covert Surveillance Code's detailed paragraphs on online and social media research are only touched on here.
Property interference. Authorisations under Part III of the Police Act 1997 often accompany intrusive surveillance; they are not on the NIE syllabus headings and are not covered here.
Draft or pending codes. We found the 2020 CPIA Code, the December 2022 CHIS Code and the August 2018 Covert Surveillance Code as current on GOV.UK. We did not search for drafts out for consultation.
Attorney General's Guidelines and CPS guidance. Cited for context only. The exam tests the Manual, which is based on the Act and Code.
Weighting. We use only the College's part-level count. We do not know how many questions disclosure or RIPA will carry.

Quick answers

Frequently Asked Questions

Who decides what is a reasonable line of inquiry?

The investigator, with the assistance of the prosecutor if required (CPIA Code para 3.5). The Code says investigators should pursue all reasonable lines of inquiry, whether they point towards or away from the suspect, and what is reasonable depends on the circumstances. Lines that might help the suspect count as much as those that build the case.

What makes material relevant under the CPIA Code?

Material may be relevant if it appears to an investigator, the officer in charge or the disclosure officer that it has some bearing on any offence under investigation, any person being investigated or the surrounding circumstances, unless it is incapable of having any impact on the case (Code para 2.1). It is a low threshold, applied by the police, and it decides what must be recorded, retained and scheduled. Whether the defence get it is a separate question for the prosecutor.

How long must relevant material be kept after a conviction?

At least until the person is released from custody or discharged from hospital where there is a custodial sentence or hospital order, but never less than six months from conviction; in all other cases at least six months from conviction (Code para 5.9). If an appeal is in progress at that point it is kept until the appeal is determined, and if the Criminal Cases Review Commission is considering an application, until it decides not to refer (para 5.10).

Who applies the disclosure test?

The prosecutor. Under s.3 CPIA the prosecutor must disclose any prosecution material not previously disclosed which might reasonably be considered capable of undermining the prosecution case or assisting the accused's case, or state in writing that there is none. The disclosure officer draws the prosecutor's attention to material that may meet the test and explains why (Code para 7.3). The court, not the police, decides public interest immunity applications.

What is the time limit for a defence statement?

Under the 2011 Defence Disclosure Time Limits Regulations, 28 days in the Crown Court and 14 days in summary proceedings, starting on the day the prosecutor complies or purports to comply with s.3. If the period would end on a weekend, Christmas Day, Good Friday or a bank holiday it runs to the next working day. A defence statement is compulsory in the Crown Court (s.5) and voluntary in the magistrates' court (s.6).

Does a police staff investigator have to follow the CPIA Code?

The Code itself binds police officers conducting criminal investigations. Section 26(1) CPIA says a person other than a police officer who is charged with the duty of conducting an investigation must have regard to any relevant provision of the Code. In practice forces apply the Code to staff investigators, and the exam treats the duties of the investigator, officer in charge and disclosure officer by role.

What is the difference between directed and intrusive surveillance?

Both are covert. Intrusive surveillance is carried out in relation to anything on residential premises or in a private vehicle, and involves a person on the premises or in the vehicle or a surveillance device (s.26(3) RIPA). Directed surveillance is covert but not intrusive, for a specific investigation or operation, likely to obtain private information, and not an immediate response to events (s.26(2)). A device outside the premises counts as intrusive only if it consistently gives information of the same quality as one inside (s.26(5)).

Who authorises directed surveillance in a police force?

A superintendent, or an inspector where it is not reasonably practicable, given the urgency, for a superintendent to consider the application (Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010, Schedule and article 4). A written authorisation lasts three months; an urgent oral authorisation or one granted by the urgent-cases officer lasts 72 hours (s.43(3)). Where confidential or privileged information is likely to be acquired the Covert Surveillance Code's Annex A raises the level to the chief constable.

Who authorises intrusive surveillance?

A senior authorising officer, which for a territorial force outside London is the chief constable (s.32(6)). In urgent cases where neither the chief constable nor a designated deputy can consider it, an assistant chief constable may act (s.34). The authorisation generally does not take effect until a Judicial Commissioner has approved it and written notice has been given (s.36(2)), unless the authorising officer believes the case is urgent. The grounds are narrower than for directed surveillance: national security, serious crime or economic well-being (s.32(3)).

What is a covert human intelligence source?

A person who establishes or maintains a personal or other relationship with someone for the covert purpose of using it to obtain information or provide access to information, or who covertly discloses information obtained through such a relationship (s.26(8) RIPA). A member of the public who passes on something they happened to see is not a CHIS. Someone tasked to keep up a relationship so they can report what is said may well be.

How long does a CHIS authorisation last?

Twelve months for a written authorisation (s.43(3)(b)), 72 hours for an urgent oral one or one granted by an officer entitled to act only in urgent cases (s.43(3)(a)). For a source under 18 it is four months, with at least monthly review (Juveniles Order article 6; CHIS Code para 4.8). Where the aim is to obtain legally privileged material, the CHIS Code (para 5.18) gives three months for a public authority other than the intelligence services.

Can a child be used as a CHIS?

Yes, with extra safeguards, but never a source under 16 where the relationship is with their parent or someone with parental responsibility (Juveniles Order article 3). An appropriate adult must be present at meetings while the source is under 16 (article 4), a risk assessment is required for any source under 18 (article 5), and the authorisation lasts four months. The CHIS Code's Annex A sets the authorisation level for a juvenile or vulnerable source at assistant chief constable in a territorial force.

What is a criminal conduct authorisation?

An authorisation under s.29B RIPA (inserted by the Covert Human Intelligence Sources (Criminal Conduct) Act 2021) for a CHIS to commit criminal conduct in connection with their role. It can only be granted with or after a s.29 authorisation for the source, must be necessary on national security, crime and disorder or economic well-being grounds and proportionate, and the authorising officer must consider whether the aim could reasonably be achieved without crime (s.29B(6)). A Judicial Commissioner must be notified within seven days of grant or cancellation (s.32C).

Did the Investigatory Powers (Amendment) Act 2024 change RIPA surveillance or CHIS rules?

Not as far as we could find. The 2024 Act deals with bulk personal datasets, oversight arrangements, communications data, notices and equipment interference under the Investigatory Powers Act 2016. The RIPA Part II sections we checked on legislation.gov.uk (ss.26 to 36, 43, 48 and 81) were up to date to 10 or 11 October 2026 and showed no 2024 Act amendments to authorisation levels or durations.

Evidence

Sources and how we checked them

Every factual claim on this page was written from the sources below, read on 11 October 2026. Rules and figures change, so check the source for the date you are reading this. Where we could not confirm something from an official or independent source, the page says so rather than guessing. Spotted something out of date? See our corrections policy.

Criminal Procedure and Investigations Act 1996, legislation.gov.uk (latest revised text) — we read ss.1, 2, 3, 5, 6, 6A, 6C, 7A, 8, 11, 13, 22, 23 and 26 on 11 October 2026; pages showed as up to date with changes in force on or before 6 to 11 October 2026 (accessed 11 October 2026)
CPIA 1996 (section 23(1)) Code of Practice, revised, in force 31 December 2020, GOV.UK — still the current version on GOV.UK on 11 October 2026. We used paras 2.1, 3.1 to 3.7, 4.1 to 4.4, 5.1 to 5.10, 6.3 to 6.16, 7.1 to 7.5, 8.1 to 8.3, 9.1 and 10.1 to 10.9 (accessed 11 October 2026)
Criminal Procedure and Investigations Act 1996 (Defence Disclosure Time Limits) Regulations 2011 (SI 2011/209), reg 2 — 14 days (summary proceedings) and 28 days (Crown Court) from the day the prosecutor complies or purports to comply with s.3; roll-over for weekends and holidays (accessed 11 October 2026)
Criminal Procedure Rules 2025 (SI 2025/909), Part 8: initial details of the prosecution case — in force 6 October 2025; rules 8.1 to 8.4 (magistrates' courts only, serve no later than the beginning of the day of the first hearing, contents) (accessed 11 October 2026)
Attorney General's Guidelines on Disclosure 2024, GOV.UK — published 29 February 2024, effective 29 May 2024; still the latest version on 11 October 2026. Cited only for context (accessed 11 October 2026)
Regulation of Investigatory Powers Act 2000, Part II, legislation.gov.uk (latest revised text) — we read ss.26, 27, 28, 29, 29B, 29C, 30, 32, 32A, 32C, 33, 34, 35, 36, 43, 45, 48 and 81 on 11 October 2026; each page was up to date with changes in force on or before 10 or 11 October 2026 (accessed 11 October 2026)
Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010 (SI 2010/521), articles 3 and 4 and Schedule — police forces: superintendent, with inspector in urgent cases, for ss.28 and 29 (Part 1) and s.29B (Part 1B); relevant sources: assistant chief constable, chief constable for long-term, superintendent in urgent cases (Part 1A) (accessed 11 October 2026)
Regulation of Investigatory Powers (Juveniles) Order 2000 (SI 2000/2793), articles 3 to 9, as amended — under-16 parent prohibition, appropriate adult at meetings, risk assessments, four month duration, and the 2021 additions for criminal conduct authorisations (accessed 11 October 2026)
Covert Human Intelligence Sources Code of Practice (December 2022), GOV.UK — paras 4.8, 5.11, 5.16 to 5.23 and Annex A (enhanced authorisation levels) (accessed 11 October 2026)
Covert Surveillance and Property Interference Code of Practice (August 2018), GOV.UK — paras 3.22, 3.32, 3.33, 5.14, 5.15 and Annex A (enhanced levels for confidential or privileged information). The GOV.UK page was last updated 22 February 2024 (accessed 11 October 2026)
Investigatory Powers (Amendment) Act 2024, contents, legislation.gov.uk — we read the table of contents to check whether it touched RIPA Part II; see the section on this page (accessed 11 October 2026)
College of Policing: NIE candidate handbook 2026 (November 2025), Appendix A — syllabus headings 1.11 (disclosure of evidence) and 1.12 (RIPA 2000) (accessed 11 October 2026)

Related Guides

On this topic elsewhere

PACE Codes for the NIE → Searches, detention, interviews and identification. NIE Part 1 overview → Mens rea, actus reus, court procedure, witnesses and bail. NIE syllabus 2026 → What each part of the Manual covers. Free practice questions → Original questions with explanations. How to pass the NIE → Manual first, then questions and timed sittings.

National Investigators' Exam

More in this guide series

Hub NIE hub Dates, pass mark, pass rates, syllabus, practice and tools for the National Investigators' Exam. Dates NIE dates Every 2026 sitting, registration windows, results days and what we know about 2027. Exam Pass mark Why 80 questions become 70, the 39 mark, the exceptional grade and what a marginal fail means. Data Pass rates Every published sitting from the College's results overviews, with the caution on comparing forces. Study Syllabus What each part covers, what is not examined, and how the College's own subject breakdown splits the paper. Study How to pass Manual first, questions second, spaced review and full timed sittings, with the arithmetic of 39 out of 70. Plan Revision plan Week-by-week plans weighted to the four parts, including a last-five-weeks plan for 17 November 2026. Exam How hard is it Pass rates, the volume of law, application-style questions and who finds it hardest. After the exam Results day Results dates, the feedback report, what happens next for PIP2 and how long a pass lasts. After the exam If you fail Resit rules, the development meeting after a second fail, and what it means on DHEP and other routes. Exam day Exam day rules The 8am to 8pm window, equipment, what is banned (including AI) and what to do if something goes wrong. Practice Practice questions Original practice questions across all four parts, each with the answer, explanation and source. Topic PACE codes Search, detention, identification and recorded interviews: the points investigators are tested on. Topic Part 1 Mens rea, actus reus, court procedure, bail and powers: the largest part of the paper. Topic Part 2 Homicide, drugs, firearms, terrorism, assaults, harassment, domestic abuse and child protection. Topic Part 3 Theft, robbery, burglary, handling, fraud, criminal damage and proceeds of crime. Topic Part 4 Consent, the Sexual Offences Act 2003 offences and child sex offences, with worked questions. Study Resources compared Blackstone's books, question banks, courses and apps side by side, with dated prices. Study Which Manual edition The 2026 and 2027 editions, which sitting each covers, and the Workbook and Q&A. Routes Direct entry detectives When you sit it on each route, how the training fits around it, and what a fail means.

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Practice and tools

Toolkit NIE toolkit Hundreds of checked practice questions, timed 80-question mocks weighted like the real paper, and progress by part. Free tool Free mini mock A free scored mini mock across all four parts, with a result report. Free tool Revision timetable A free week-by-week timetable to your sitting, weighted to the four parts. Practice Practice questions Free original questions with explanations.

Disclaimer

PolicePay.co.uk is an independent guide. It is not affiliated with, endorsed by or produced by the College of Policing or Oxford University Press (Blackstone's). Exam rules, dates, the syllabus and prices change, so check the College of Policing's current NIE candidate handbook and exam page before you register or buy. Practice material on this site is original and is not real or recalled exam content. Details apply to England and Wales unless stated. Details are as checked on 11 October 2026.

Disclosure, RIPA and CHIS for the National Investigators' Exam