20
Investigatory Powers Act 2016 (c. 25)
Part 2 — Lawful interception of communications
Chapter 1 — Interception and examination with a warrant
24
Approval of warrants issued in urgent cases
(1)
This section applies where—
(a) a warrant under this Chapter is issued without the approval of a
Judicial Commissioner, and
(b) the person who decided to issue the warrant considered that there was
an urgent need to issue it.
(2)
The person who decided to issue the warrant must inform a Judicial
Commissioner that it has been issued.
(3)
The Judicial Commissioner must, before the end of the relevant period—
(a) decide whether to approve the decision to issue the warrant, and
(b) notify the person of the Judicial Commissioner’s decision.
“The relevant period” means the period ending with the third working day
after the day on which the warrant was issued.
(4)
If a Judicial Commissioner refuses to approve the decision to issue a warrant,
the warrant—
(a) ceases to have effect (unless already cancelled), and
(b) may not be renewed,
and section 23(5) does not apply in relation to the refusal to approve the
decision.
(5)
Section 25 contains further provision about what happens if a Judicial
Commissioner refuses to approve the decision to issue a warrant.
25
Failure to approve warrant issued in urgent case
(1)
This section applies where under section 24(3) a Judicial Commissioner refuses
to approve the decision to issue a warrant.
(2)
The person to whom the warrant was addressed must, so far as is reasonably
practicable, secure that anything in the process of being done under the
warrant stops as soon as possible.
(3)
The Judicial Commissioner may—
(a) direct that any of the material obtained under the warrant is destroyed;
(b) impose conditions as to the use or retention of any of that material;
(c) in the case of a targeted examination warrant, impose conditions as to
the use of any relevant content selected for examination under the
warrant.
(4)
The Judicial Commissioner—
(a) may require an affected party to make representations about how the
Judicial Commissioner should exercise any function under subsection
(3), and
(b) must have regard to any such representations made by an affected
party (whether or not as a result of a requirement imposed under
paragraph (a)).
(5)
Each of the following is an “affected party” for the purposes of subsection (4)—
(a) the person who decided to issue the warrant;
(b) the person to whom the warrant was addressed.