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A bill to Prohibit covert human intelligence sources from entering into or maintaining intimate sexual relationships with persons who are the subject of surveillance or investigation; and for connected purposes.

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—

1 Offence¶

(1) A person commits an offence if, in the course of their deployment as a covert human intelligence source (CHIS), they engage in an intimate sexual relationship (as defined in section 2) with any person—

(a) whom the CHIS has been deployed to target or who is a member of a group which the CHIS has been deployed to infiltrate, or

(b) whom the CHIS encounters during their deployment.

(2) For the purposes of the offence under subsection (1), a CHIS is a person working in an undercover capacity on behalf of—

(a) any police force,

(b) the National Crime Agency,

(d) the Secret Service,

(e) the Secret Intelligence Service,

(f) GCHQ,

(g) any of His Majesty’s forces,

(h) His Majesty’s Revenue and Customs, or

(i) any other government agency or body.

(3) A person guilty of an offence under this section is liable, on conviction on indictment, to imprisonment for life.

(4) A person who incites an offence which is the subject of subsection (1) commits an offence under section 44 of the Serious Crime Act 2007 (intentionally encouraging or assisting an offence) and is liable to a penalty under section 58 of that Act (penalties).

2 Meaning of “intimate sexual relationship”¶

For the purposes of this Act, an “intimate sexual relationship” is any relationship between persons of any gender which involves sexual activity as defined by section 78 (“sexual”) of the Sexual Offences Act 2003.

3 Criminal conduct authorisation¶

The establishment and maintenance of an intimate sexual relationship may not be authorised under section 29B of the Regulation of Investigatory Powers Act 2000 (covert human intelligence sources: criminal conduct authorisations) and such conduct may not be considered lawful under section 27 of that Act (lawful surveillance etc.).

4 Defendant anonymity orders¶

(1) A CHIS charged with an offence under section 1 while acting on behalf of—

(a) the Security Service,

(b) the Secret Intelligence Service, or

may apply for a defendant anonymity order during court proceedings.

(2) For the purposes of this section, a “defendant anonymity order” is an order made by a court that requires such specified measures to be taken in relation to a defendant charged with an offence under section 1 as the court considers appropriate to ensure that the identity of the defendant is not disclosed in or in connection with the proceedings.

(3) Measures that may be required to be taken in relation to a defendant include measures for securing one or more of the following—

(a) that the defendant’s name and other identifying details may be—

(i) withheld, or

(ii) removed from materials disclosed to any party to the proceedings;

(b) that the defendant may use a pseudonym;

(c) that the defendant is not asked questions of any specified description that might lead to the identification of the defendant;

(d) that the defendant is screened to any specified extent;

(e) that the defendant’s voice is subjected to modulation to any specified extent.

(4) Subsection (3) does not affect the generality of subsection (2).

(5) The court may accept an application for a defendant anonymity order only if it is satisfied that Conditions A and B below are met.

(6) Condition A is that the proposed order is necessary—

(a) in order to protect the safety of the defendant or another person, or

(b) in order to prevent significant harm to the public interest or national security.

(7) Condition B is that, having regard to all the circumstances, the effect of the proposed order would be consistent with the public interest and the interests of justice.

5 Duty to monitor¶

The authorities listed in section 1 (2) must keep the conduct of CHIS operatives under review to ensure any intimate sexual relationships are avoided.

6 Duty of candour and assistance¶

(1) The authorities listed in section 1 (2) and CHIS operatives must—

(a) keep the conduct of CHIS operatives under review to ensure any intimate sexual relationships are avoided, and

(b) act with candour, transparency and frankness in their dealings with inquiries and investigations into any offences alleged to have been committed under this Act.

(2) The duty under subsection (1)(b) is the “duty of candour and assistance” and comprises the obligations in subsections (3), (4) and (5).

(3) Authorities or CHIS operatives must notify the person leading an inquiry or investigation where the authority or operative has grounds to believe that—

(a) their acts were, are or may be relevant to the inquiry or investigation, or

(b) they otherwise have information likely to be relevant to the inquiry or investigation.

(4) Authorities or CHIS operatives must provide all such assistance as they can reasonably give to assist an inquiry or investigation to meet its objectives, and (in particular) must—

(a) where the authority or operative has information that is likely to be relevant to the inquiry or investigation, provide that information;

(b) where any such information is likely to be of particular significance to the inquiry or investigation, draw attention to that fact;

(d) where requested by the person leading the inquiry or investigation, provide further information or clarification or comply with other requirements, so far as reasonably practicable.

(5) Where an authority is subject to the obligations in subsection (3) or (4), the public official who is in charge of the authority must take all reasonable steps to secure that the authority complies with those obligations.

(6) An authority must on the request of a person engaged at any time in a relationship with a CHIS which is prohibited by this Act—irrespective of whether the CHIS operative has been convicted at that stage or not—provide to that person information regarding the CHIS operative including their name and marital or family status.

(7) In complying with obligations arising under this section, an authority or operative must act—

(a) expeditiously, and

(b) without favour to their own, or another person’s, position.

7 Interaction with section 4 of the Sexual Offences Act 2003¶

Nothing in this Act affects the application of section 4 of the Sexual Offences Act 2003 (causing a person to engage in sexual activity without consent).

8 Extent, commencement and short title¶

(1) This Act extends to England and Wales, Scotland and Northern Ireland.

(2) This Act comes into force on the day on which it is passed.

(3) This Act may be cited as the Conduct of Undercover Policing and Surveillance Operatives Act 2026.