MALONE v. THE UNITED KINGDOM JUGDMENT
17
In their submissions to the Commission and the Court, the Government
supplemented as follows the information given in the White Paper. Except
in cases of exceptional urgency, an application will only be considered in
the Home Office if it is put forward by a senior officer of the Metropolitan
Police, in practice the Assistant Commissioner (Crime), and also, in the case
of another police force, by the chief officer of police concerned. Close
personal consideration is given by the Secretary of State to every request for
a warrant submitted to him. In the debate on the British
Telecommunications Bill in April 1981, the then Home Secretary confirmed
before Parliament that he did not and would not sign any warrant for
interception unless he were personally satisfied that the relevant criteria
were met (Hansard, House of Commons, 1 April 1981, col. 336).
45. Every warrant sets out the name and address of the recipient of mail
in question or the telephone number to be monitored, together with the
name and address of the subscriber. Any changes require the authority of
the Secretary of State, who may delegate power to give such authority to the
Permanent Under-Secretary. If both the mail and the telephone line of a
person are to be intercepted, two separate warrants are required (White
Paper, para. 10).
46. Every warrant is time-limited, specifying a date on which it expires
if not renewed. Warrants are in the first place issued with a time-limit set at
a defined date not exceeding two months from the date of issue. Warrants
may be renewed only on the personal authority of the Secretary of State and
may be renewed for not more than one month at a time. In each case where
renewal of a warrant is sought, the police are required first to satisfy the
Permanent Under-Secretary of State at the Home Office that the reasons for
which the warrant was first issued are still valid and that the case for
renewal is justified: a submission to the Secretary of State for authority to
renew the warrant is only made if the Permanent Under-Secretary is so
satisfied (White Paper, para. 11).
47. Warrants are reviewed monthly by the Secretary of State. When an
interception is considered to be no longer necessary, it is immediately
discontinued and the warrant is cancelled on the authority of the Permanent
Under-Secretary of State at the Home Office. In addition to the monthly
review of each warrant by the Secretary of State, the Metropolitan Police
carry out their own review each month of all warrants arising from police
applications: where an interception is deemed to be no longer necessary,
instructions are issued to the Post Office to discontinue the interception
forthwith and the Home Office is informed so that the warrant can be
cancelled (Birkett report, paras. 72-74; White Paper, paras. 12-13).
48. In accordance with the recommendations of the Birkett report (para.
84), records are kept in the Home Office, showing in respect of each
application for a warrant:
(a) the ground on which the warrant is applied for;