IPCO Annual Report 2017
5.33
A warrant for equipment interference, whether signed by a Secretary of State or a law
enforcement Chief Officer, has to be approved by a Judicial Commissioner before it can be
issued. In urgent cases when the activity can be undertaken without the prior approval of
a JC, the public authority must seek judicial approval within five working days.
5.34
Following the commencement of the IPA, property interference by the intelligence agencies
will continue to be authorised by s.5 ISA; equipment interference for the purpose of
obtaining information (including communications and equipment data) by part 5 of IPA;
and equipment interference with the intention of altering an electronic device in certain
circumstances by s.5 ISA.
5.35
Property interference which does not amount to equipment interference (as defined by IPA)
– for example covertly entering premises to install a recording device – will continue to require
an authorisation under the Police Act 1997 or a s.5 ISA warrant.
5.36
Schedule 8 to the IPA provides for combined warrants. These create the option for grouping
warrants and authorisations for the same investigation/operation together so that the
issuing authority and the JC can consider the full range of actions that may be undertaken
in relation to the investigation. A combined warrant can include both an interception and
equipment interference warrant.32 It is not mandatory for such warrants to be combined,
but this has the benefit of making the Secretary of State and the JC aware of the totality
of the action sought to be undertaken when considering whether it is necessary and
proportionate. It is anticipated that there will be a substantial number of applications for
combined warrants, and our experience to date matches this prediction.
32 Schedule 8 of the Investigatory Powers Act 2016 provides full details of which warrants and authorisations may be combined.
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