Investigatory Powers Act 2016 (c. 25)
Schedule 3 — Exceptions to section 56
(e)
(f)
(g)
(h)
(i)
(j)
(k)
(l)
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an offence under section 83 or 84 of the Postal Services Act 2000;
an offence under section 4 of the Official Secrets Act 1989 relating to
any such information, document or article as is mentioned in
subsection (3)(a) or (c) of that section;
an offence under section 1 or 2 of the Official Secrets Act 1911 relating
to any sketch, plan, model, article, note, document or information
which—
(i) incorporates, or relates to, the content of any intercepted
communication or any secondary data obtained from a
communication, or
(ii) tends to suggest that any interception-related conduct has or
may have occurred or may be going to occur;
an offence of perjury committed in the course of any relevant
proceedings;
an offence of attempting or conspiring to commit an offence falling
within any of paragraphs (a) to (h);
an offence under Part 2 of the Serious Crime Act 2007 in relation to
an offence falling within any of those paragraphs;
an offence of aiding, abetting, counselling or procuring the
commission of an offence falling within any of those paragraphs;
contempt of court committed in the course of, or in relation to, any
relevant proceedings.
(3) In this paragraph—
“intercepted communication” and “interception-related conduct” have
the same meaning as in section 56;
“relevant proceedings” means any proceedings mentioned in
paragraphs 4 to 19.
Disclosures to prosecutors and judges
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(1) Nothing in section 56(1) prohibits—
(a) a disclosure to a person (“P”) conducting a criminal prosecution that
is made for the purpose only of enabling P to determine what is
required of P by P’s duty to secure the fairness of the prosecution, or
(b) a disclosure to a relevant judge in a case in which the judge has
ordered the disclosure to be made to the judge alone.
(2) A relevant judge may order a disclosure under sub-paragraph (1)(b) only if
the judge considers that the exceptional circumstances of the case make the
disclosure essential in the interests of justice.
(3) Where in any criminal proceedings—
(a) a relevant judge orders a disclosure under sub-paragraph (1)(b), and
(b) in consequence of that disclosure, the judge considers that there are
exceptional circumstances requiring the judge to make a direction
under this sub-paragraph,
the judge may direct the person conducting the prosecution to make for the
purposes of the proceedings any admission of fact which the judge considers
essential in the interests of justice.
(4) But nothing in any direction under sub-paragraph (3) may authorise or
require anything to be done in contravention of section 56(1).