Judgment Approved by the court for handing down.
Privacy International v Investigatory Powers Tribunal
functions by virtue of section . . . 3(2)(c) above may not relate
to property in the British Islands.
(3A) A warrant issued on the application of the Security Service
for the purposes of the exercise of their function under section 1
(4) of the Security Service Act 1989 may not relate to property
in the British Islands unless it authorises the taking of action in
relation to conduct within subsection (3B) below.
(3B) Conduct is within this subsection if it constitutes (or, if it
took place in the United Kingdom, would constitute) one or more
offences, and either –
(a) it involves the use of violence, results in substantial
financial gain or is conduct by a large number of persons in
pursuit of a common purpose; or
(b) the offence or one of the offences is an offence for which
a person who has attained the age of twenty-one and has no
previous convictions could reasonably be expected to be
sentenced to imprisonment for a term of three years or more.
(4) Subject to subsection (5) below, the Security Service may
make an application under subsection (2) above for a warrant to
be issued authorising that Service (or a person acting on its
behalf) to take such action as is specified in the warrant on behalf
of the Intelligence Service or GCHQ and, where such a warrant
is issued, the functions of the Security Service shall include the
carrying out of the action so specified, whether or not it would
otherwise be within its functions.
(5) The Security Service may not make an application for a
warrant by virtue of subsection (4) above except where the action
proposed to be authorised by the warrant(a) is action in respect of which the Intelligence Service or, as
the case may be, GCHQ could make such an application; and
(b) is to be taken otherwise than in support of the prevention
or detection of serious crime.
6 Warrants: procedure and duration, etc.
(1) A warrant shall not be issued except(a) under the hand of the Secretary of State or…….
(b) in an urgent case where the Secretary of State has
expressly authorised its issue and a statement of that fact is
endorsed on it, under the hand of a senior official; or…….