CHAPTER 6: POWERS AND SAFEGUARDS
import from the Article 8 case law of the ECtHR concerning the right to respect for
private life.40
6.38.
The power to apply for a warrant to intercept communications under RIPA is limited to
the following organisations:
(a)
MI5, MI6 and GCHQ;
(b)
the NCA;
(c)
the Metropolitan Police Service [MPS], Police Service of Northern Ireland
[PSNI] and Police Service of Scotland [Police Scotland];
(d)
HMRC; and
(e)
the MoD.
6.39.
Public authorities that are not authorised to obtain an interception warrant may ask the
UK Central Authority, within the Home Office, to apply for a warrant on their behalf.
The UK Central Authority then follows its normal procedures, as set out under RIPA.
Interception can also happen at the request of an overseas legal authority through
Mutual Legal Assistance Treaty [MLAT] arrangements. But this is an extremely rare
occurrence. Such a request would be examined and authorised as if it were a
domestic request.
6.40.
With very few exceptions, material obtained under an interception warrant is not
admissible as evidence in UK courts.41 The Secretary of State may also impose
restrictions on the use of material provided to overseas governments. I am informed
by the Home Office that that is likely to include a request that the material is not used
in evidence.
6.41.
If one or both parties to a communication consent to its interception, a warrant is not
needed. If only one party consents, approval is needed in line with the arrangements
for a surveillance operation under RIPA Part II. Warrants are also not required for
interception in prisons and for certain permitted business purposes, such as the
prevention of fraud.42
Targeted warrants
6.42.
40
41
42
RIPA s8 distinguishes between two different kinds of warrant that may be granted.
Warrants issued under s8(1) are targeted, as they must describe either “one person
as the interception subject” or “a single set of premises” where the interception is to
take place under ss8(1) and (2). In practice, thematic warrants are sometimes issued
under s8(1), which cover “any organisation or any association or combination of
For a fuller discussion see 5.18-5.24 below. As set out there, the interference must also be “in
accordance with the law”.
RIPA ss17-18; and see further at 9.16-9.18 below.
Prison Rules, National Security Framework, Function 4 and The Telecommunications (Lawful Business
Practice) (Interception of Communications) Regulations 2000 s3.
104