IPCO Annual Report 2017
7.18
The vast majority of the serious crime warrants fall into one of five categories: unlawful
supply of controlled drugs, firearms, financial crime (such as money laundering), armed
robbery and human trafficking.
Urgent approvals
7.19
The Secretary of State approved 341 urgent warrants in 2017. These all related to exceptional
cases where, for example, there was an imminent threat to life within the following 24 hours;
an imminent threat to national security or a unique opportunity to obtain intelligence of vital
importance to national security; or the imminent importation or handover of a substantial
quantity of drugs (within the following 24 hours). Almost all of these urgently approved
warrants were issued on behalf of either MI5 or the National Crime Agency.
The authorisation process
Submission and application content
7.20
Each application for an interception warrant contains a detailed explanation of why the
agency is seeking the warrant and why the proposed activity is necessary and proportionate.
7.21
The code of practice requires that a targeted RIPA warrant describes (i) the background to
the operation; (ii) the person or building which is the subject of the application and how
they feature in the operation; (iii) the communications to be intercepted, including details
of the CSPs, and an assessment of the feasibility of the interception operation (where this is
relevant); (iv) what is being authorised, including what steps are necessary in order to carry
out the activity authorised under the warrant; (v) any related communications data likely to
be intercepted; (vi) why the conduct is proportionate to what is sought to be achieved; (vii)
any collateral intrusion and why that intrusion is justified in the circumstances; (viii) whether
the communications in question might affect religious, medical or journalistic confidentiality
or legal privilege, or communications between a Member of Parliament and another person
on constituency business; (ix) the supporting justification when an application is urgent;
and (x) an assurance that all material intercepted will be handled in accordance with the
safeguards required by the legislation.
7.22
Targeted warrants contain one or more schedules, with details designed to inform the relevant
CSPs or others providing assistance what communications they are required to intercept.
7.23
Bulk RIPA warrant applications are very similar except that they do not need to specify a
person or premises, but they must detail the certificate that will regulate the examination of
intercepted material and provide an assurance that intercepted material will be read, looked
at or listened to only so far as it is certified, and that the application meets the conditions of
the legislation.
7.24
The intercepting agency submits applications for interception warrants to the relevant
WGD for the relevant Secretary of State. These departments are made up of senior officials
and staff responsible for scrutinising the warrant applications and presenting them to the
Secretary of State with any relevant advice or recommendations.
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