38Chief Commissioner to review the registration of a human source

38 Chief Commissioner to review the registration of a human source

(1) The Chief Commissioner must review the registration of a human source (other than an emergency registration or a registration under section 30C)—

(a) in the case of a reportable human source, at the intervals determined under section 29 or at the previous registration review (as the case requires); or

(b) in the case of a non-reportable human source, at the intervals determined under section 35 or at the previous registration review (as the case requires).

(2) In addition to subsection (1), the Chief Commissioner may review the registration of a human source (other than an emergency registration or a registration under section 30C) at any time as the Chief Commissioner thinks fit.

(3) In conducting a registration review, the Chief Commissioner must consider whether—

(a) the use of the person as a human source continues to be—

(i) necessary to achieve a legitimate law enforcement objective; and

(ii) proportionate to that objective; and

(b) the risks associated with the person's registration as a human source have been identified and can be adequately managed, whether or not those risks were identified at the time or registration; and

(c) the registration of the person as a human source continues to be appropriate and justified.

(4) In considering the continued registration of a human source under subsection (3), the Chief Commissioner may have regard to any or all of the following—

(a) the seriousness of the offence and the imminence of any threat to which the information or assistance relates;

(b) the likelihood of investigators being able to obtain the information or assistance through other investigatory or intelligence methods;

(c) any legal advice or other specialist advice regarding the registration of the human source;

(d) the specific purpose for which the human source is registered;

(e) the conditions imposed on the registration under section 28 or 34 (as the case requires);

(f) the registration period;

(g) mitigation of any risk to the safety of the human source;

(h) the adequacy of the risk assessment and any other material provided in support of the registration application;

(i) any rewards given to the human source.