Investigatory Powers Act 2016 (c. 25)
Part 6 — Bulk warrants
Chapter 3 — Bulk equipment interference warrants
159
(a)
material obtained under a bulk equipment interference warrant is
retained, following its examination, for purposes other than the
destruction of the material, and
(b) it is material containing confidential journalistic material,
the person to whom the warrant is addressed must inform the Investigatory
Powers Commissioner as soon as is reasonably practicable.
(For provision about the grounds for retaining material obtained under a bulk
equipment interference warrant, see section 191.)
196
Offence of breaching safeguards relating to examination of material
(1)
A person commits an offence if—
(a) the person selects for examination any material obtained under a bulk
equipment interference warrant,
(b) the person knows or believes that the selection of that material does not
comply with a requirement imposed by section 193 or 194, and
(c) the person deliberately selects that material in breach of that
requirement.
(2)
A person guilty of an offence under this section is liable—
(a) on summary conviction in England and Wales—
(i) to imprisonment for a term not exceeding 12 months (or 6
months, if the offence was committed before the
commencement of section 154(1) of the Criminal Justice Act
2003), or
(ii) to a fine,
or to both;
(b) on summary conviction in Scotland—
(i) to imprisonment for a term not exceeding 12 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(c) on summary conviction in Northern Ireland—
(i) to imprisonment for a term not exceeding 6 months, or
(ii) to a fine not exceeding the statutory maximum,
or to both;
(d) on conviction on indictment, to imprisonment for a term not exceeding
2 years or to a fine, or to both.
(3)
No proceedings for any offence which is an offence by virtue of this section
may be instituted—
(a) in England and Wales, except by or with the consent of the Director of
Public Prosecutions;
(b) in Northern Ireland, except by or with the consent of the Director of
Public Prosecutions for Northern Ireland.
197
Application of other restrictions in relation to warrants
Sections 132 to 134 (duty not to make unauthorised disclosures) apply in
relation to bulk equipment interference warrants as they apply in relation to
targeted equipment interference warrants, but as if the reference in section
133(2)(c) to a requirement for disclosure imposed by virtue of section 126(4)
were a reference to such a requirement imposed by virtue of section 190(4).