Investigations into crime & serious anti-social behaviour
Investigations are an important way of uncovering matters of significant public interest. They must be clearly editorially justified and real evidence must exist of the issue to be exposed. We will normally begin an investigation not knowing exactly how events will unfold. It is therefore important that we consider how to carry out the investigation and the possible consequences of our plans.
Any proposal to undertake an investigation into crime or serious anti-social behaviour must be referred to a senior editorial figure or for Independents to the commisioning editor, who may need to consult Editorial Policy and Programme Legal Advice.
It is good practice before an investigation is commissioned and before seeking editorial approval and legal advice to consider the following:
- background and motivation of sources.
- justification for using deception, undercover work or secret recording to gather further evidence.
- whether this is the only way to proceed.
- possible consequences of our actions.
But care must be taken not to identify anonymous sources in this material.
In the course of a BBC investigation the use of secret recording must be kept under constant review. Specific approval must be obtained for each proposed case of secret recording. No blanket approval can be obtained for it. Controller, Editorial Policy will only give retrospective permission for the use of secretly recorded material that was not approved in accordance with these guidelines in the most exceptional circumstances.
Controller Editorial Policy must approve any proposal to employ someone known to have a criminal record or background of illegal activity to work on a BBC investigation. This includes editorial members of the production team and undercover operatives. Controller Editorial Policy must also approve a job application by an undercover operative working on a BBC investigation.
If an investigation is successful the BBC's involvement may continue way beyond the original broadcast. The police or other prosecuting authorities may wish to interview members of our production team including undercover operatives, and the crew(s) who recorded the programme material, about the methods we used and events we witnessed. Following an official investigation we may be called as witnesses in the prosecution.
BBC Occupational Risk Management must be consulted, in good time, about any proposed "High Risk Activities", that is, investigations involving covert surveillance or filming and/or confrontation of terrorist, serious criminal or extremist or violent political groups. They must also be consulted for any "High Risk Events" including riots, civil disturbance or extreme public disorder, terrorist or armed criminal incidents such as hi-jacking or siege. Further details are available from http://hss.gateway.bbc.co.uk.