BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
6.20. A certificate must be modified by the Secretary of State, except in an urgent
case where a certificate may be modified by a senior official provided that the official
holds a position in which he or she is expressly authorised by provisions contained in
the certificate to modify the certificate on the Secretary of State’s behalf, or the
Secretary of State has expressly authorised the modification and a statement of that
fact is endorsed on the modifying instrument. In the latter case, the modification
ceases to have effect after five working days following the date of issue unless it is
endorsed by the Secretary of State.
6.21. Where the Secretary of State is satisfied that it is necessary, a certificate may
be modified to authorise the selection of communications of an individual in the
British Islands. An individual’s location should be assessed using all available
information. If it is not possible, to determine definitively where the individual is
located using that information, an informed assessment should be made, in good faith,
as to the individual’s location. If an individual is strongly suspected to be in the UK,
the arrangements set out in this paragraph will apply.
Renewal of a section 8(4) warrant
6.22. The Secretary of State may renew a warrant at any point before its expiry
date. Applications for renewals are made to the Secretary of State and contain an
update of the matters outlined in paragraph 6.10 above. In particular, the applicant
must give an assessment of the value of interception to date and explain why it is
considered that interception continues to be necessary for one or more of the purposes
in section 5(3), and why it is considered that interception continues to be
proportionate.
6.23. Where the Secretary of State is satisfied that the interception continues to
meet the requirements of RIPA, the Secretary of State may renew the warrant. Where
the warrant is issued on serious crime grounds, the renewed warrant is valid for a
further three months. Where it is issued on national security/economic well-being
grounds the renewed warrant is valid for six months. These dates run from the date of
signature on the renewal instrument.
6.24. In those circumstances where the assistance of CSPs has been sought, a copy
of the warrant renewal instrument will be forwarded to all those on whom a copy of
the original warrant instrument has been served, providing they are still actively
assisting. A renewal instrument will include the reference number of the warrant or
warrants being renewed under this single instrument.
Warrant cancellation
6.25. The Secretary of State must cancel an interception warrant if, at any time
before its expiry date, he or she is satisfied that the warrant is no longer necessary on
grounds falling within section 5(3) of RIPA. Intercepting agencies will therefore need
to keep their warrants under continuous review and must notify the Secretary of State
if they assess that the interception is no longer necessary. In practice, the
responsibility to cancel a warrant will be exercised by a senior official in the warrant
issuing department on behalf of the Secretary of State.
6.26. The cancellation instrument will be addressed to the person to whom the
warrant was issued (the intercepting agency). A copy of the cancellation instrument
should be sent to those CSPs, if any, who have given effect to the warrant during the
preceding twelve months.
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