permitted interception relates (section 8(1) itself). The definition of “person” in section
81(1) is not the same as the dictionary definition, and includes any organisation and any
association or combination of persons. Provided this definition is satisfied, more than
one individual may be the target of an 8(1) interception warrant. Uses of 8(1) warrants to
intercept more than one person are often referred to as ‘thematic’ warrants.
An application for a section 8(1) warrant should contain the information required by
paragraph 5.2 of the Code of Practice. The required details include:
•
•
•
•
•
•
•
•
•
•
the background of the operation;
the person or premises constituting the subject of the application (and how the
person or premises features in the operation);
a description of the communications to be intercepted, details of the
communication service providers (CSPs) and an assessment of the feasibility of
the interception operation where this is relevant;
a description of the conduct to be authorised or the conduct it is necessary to
undertake in order to carry out what is authorised or required by the warrant,
and the obtaining of related communications data. This conduct may include
the interception of other communications not specifically identified by the
warrant as foreseen under section 5(6)(a);
an explanation of why the interception is necessary under section 5(3);
consideration of why the conduct is proportionate to what is sought to be
achieved by that conduct;
consideration of any collateral intrusion and why that intrusion is justified in the
circumstances;
whether the communications in question might relate to a sensitive profession,
for example whether they might affect religious, medical or journalistic
confidentiality or legal privilege, or communications between a Member of
Parliament and another person on constituency business;
where an application is urgent, the supporting justification for its urgency; and
an assurance that all material intercepted will be handled in accordance with
the safeguards required by section 15 of RIPA.
Section 8(4) interception warrants. Section 8(4) warrants are only for the interception
of external communications, namely those sent or received outside of the British Islands
(section 20). A section 8(4) warrant does not have to name or describe a person as the
interception subject or a single set of premises as the target of the interception. Section
8(4) does not impose an express limit on the number of external communications which
may be intercepted. For example, if the requirements of sections 8(4) and (5) are met, the
interception of all communications transmitted on a particular route or cable, or carried
by a particular CSP, could, in principle, be lawfully authorised.
The circumstances in which a section 8(4) warrant may be issued are that:
•
the communications to be intercepted are limited to external communications
www.iocco-uk.info
35