14
LIBERTY AND OTHERS v. THE UNITED KINGDOM JUDGMENT
• An explanation of why the interception is considered to be necessary under the
provisions of section 5(3).
• A consideration of why the conduct is to be authorised by the warrant is
proportionate to what is sought to be achieved by that conduct.
• A consideration of any unusual degree of collateral intrusion and why that
intrusion is justified in the circumstances. In particular, where the communications in
question might affect religious, medical or journalistic confidentiality or legal
privilege, this must be specified in the application.
• Where an application is urgent, supporting justification should be provided.
• An assurance that all material intercepted will be handled in accordance with the
safeguards required by section 15 of the Act .
The IPT continued:
“Applications for a s. 8(4) warrant are addressed in subparagraph 5 .2 of the Code of
Practice :
‘An application for a warrant is made to the Secretary of State ... each application, a
copy of which must be retained by the applicant, should contain the following
information :
• Background to the operation in question [identical to the first bullet point in 4.2].
• Description of the communications ... [this is materially identical to the third bullet
point in 4.1] .
• Description of the conduct to be authorised, which must be restricted to the
interception of external communications, or to conduct necessary in order to intercept
those external communications, where appropriate [compare the wording of the fourth
bullet in 4 .2].
• The certificate that will regulate examination of intercepted material.
• An explanation of why the interception is considered to be necessary for one or
more of the section 5(3) purposes [identical to the fifth bullet point in 4 .2].
• A consideration of why the conduct should be authorised by the warrant is
proportionate . . . [identical to the sixth bullet point in 4 .2].
• A consideration of any unusual degree of collateral intrusion . . . [identical to the
seventh bullet point in 4 .2].
• Where an application is urgent . . . [identical to the eighth bullet point in 4 .2].
• An assurance that intercepted material will be read, looked at or listened to only so
far as it is certified, and it meets the conditions of sections 16(2) -16(6) of the Act.