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KENNEDY v. THE UNITED KINGDOM JUDGMENT
b. The contents of an application and an interception warrant
40. Section 8 sets out the requirements as to the contents of an
interception warrant as regards the identification of the communications to
be intercepted:
“(1) An interception warrant must name or describe either–
(a) one person as the interception subject; or
(b) a single set of premises as the premises in relation to which the interception to
which the warrant relates is to take place.
(2) The provisions of an interception warrant describing communications the
interception of which is authorised or required by the warrant must comprise one or
more schedules setting out the addresses, numbers, apparatus or other factors, or
combination of factors, that are to be used for identifying the communications that
may be or are to be intercepted.
(3) Any factor or combination of factors set out in accordance with subsection (2)
must be one that identifies communications which are likely to be or to include–
(a) communications from, or intended for, the person named or described in the
warrant in accordance with subsection (1); or
(b) communications originating on, or intended for transmission to, the premises so
named or described.”
41. Paragraph 4.2 of the Code provides:
“An application for a warrant is made to the Secretary of State. Interception
warrants, when issued, are addressed to the person who submitted the application.
This person may then serve a copy upon any person who may be able to provide
assistance in giving effect to that warrant. Each application, a copy of which must be
retained by the applicant, should contain the following information:
Background to the operation in question.
Person or premises to which the application relates (and how the person or
premises feature in the operation).
Description of the communications to be intercepted, details of the
communications service provider(s) and an assessment of the feasibility of the
interception operation where this is relevant.
Description of the conduct to be authorised as considered necessary in order to
carry out the interception, where appropriate.
An explanation of why the interception is considered to be necessary under the
provisions of section 5(3).
A consideration of why the conduct to be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct.