Operational control

A controlled delivery operation can involve rapid decision-making to take into account new and often conflicting information. A clear command and control structure reduces the potential for information to be misheard or wrongly communicated or for confusion in making decisions and defining strategies and systems. 

Command structure

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A clear command structure is based on the gold, silver, bronze system which consists of three components: 

Gold Commander – Has overall responsibility for the strategy and authority for the operation as well as any tactical parameters that silver or bronze commanders should follow. 

Silver Commander - Coordinates the overall tactical response in alignment with the strategy. Specific command roles may include: 

  • Covert operations 
  • Investigations 
  • Intelligence 

Bronze Commander -  Is responsible for the command of a group of resources and carrying out functional or geographical responsibilities related to the tactical plan. 

 

The relationship is normally expressed as Strategic - Operational - Tactical command and should be undertaken by qualified and experienced officers, regardless of rank. The name of each command lead should be known at all times to prevent confusion about responsibility for decision-making. 

A dedicated control room should be used to manage the operation, which is equipped and staffed appropriately to ensure sufficient command information is provided to decision- makers and relevant information is recorded. Due to the sensitive nature of operations, access to this room should be restricted on a need to know basis. 

When conducting an operation which involves more than one agency, whether they are agencies from more than one country or multiple agencies from the same country, it is good practice to nominate a lead agency as the primary agency in the operation. This is normally determined according to the final delivery destination, the location of the largest component of the operation or where a particular agency has an ongoing focus such as an existing covert operation of which this operation forms a part. 

More information about generic command structures based on the gold, silver and bronze hierarchy of command is available from the UK College of Policing. It provides a framework to develop strategic, operational and tactical responses. 

Joint investigation teams

A joint investigation team is one of the most advanced tools used in international cooperation in criminal matters. It consists of a legal agreement between the competent authorities of two or more countries for the purpose of carrying out criminal investigations. Such teams can be formed by prosecutors, law enforcement and, depending on the criminal justice system in the country, judges. In other cases, a joint investigation team can consist of law enforcement officers only who report separately to a designated prosecutor. A joint investigation team is normally established for a fixed period, such as is necessary to carry out a successful investigation.  

In complex and time-sensitive cross-border investigations, speed and efficiency are of the essence. However, operational needs are not always fully met through mutual legal assistance channels. Direct cooperation and communication between investigative and/or prosecutorial authorities is sometimes the most efficient method of responding to the increased sophistication of organized criminal activities. Joint investigation teams offer national authorities a flexible framework that is relatively quick and easy to establish and which enables authorities in different countries to participate in the investigation in a mutually beneficial way.

In a joint investigation team, the need for clarity on the command structure is especially important. This should be determined at the earliest stage of engagement and joint planning with partners. 

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In the European Union, joint investigation teams have been given formal status and require approval from Eurojust as the EU agency responsible for judicial co-operation between member countries in criminal matters. Eurojust provides an overview of this special investigative technique including its purpose, the role of Eurojust as facilitator, supporting tools and documents as well as examples of Eurojust casework.

Risk management

In planning a controlled delivery there should always be a clear risk assessment and risk management plan covering all aspects of the plan. Risk management should be a continuous process as the operation develops, as the risks identified may change or new risks may appear. The operational plan should reflect the identified risks and ensure mitigation is developed for each risk.