CHAPTER 15: RECOMMENDATIONS
27.
Specific interception warrants should be limited to a single person, premises or
operation. Where a warrant relates to an operation, each person or premises to which
the warrant is to apply, to the extent known at the time of the application, should be
individually specified on a schedule to the warrant, together with the selectors (e.g.
telephone numbers) applicable to that person or premises.
28.
The only purposes for which a specific interception warrant can be issued should be,
as under RIPA s5(3):
29.
(a)
preventing or detecting serious crime (including by giving effect to a mutual
legal assistance agreement), or
(b)
in the interests of national security (including safeguarding the economic wellbeing of the UK in a respect directly linked to the interests of national security).
Applications for interception warrants should contain the following information:
(a)
The background to the operation or investigation in the context of which the
warrant is sought;
(b)
The person(s) or premises to which the application relates, to the extent known
at the time of application, and how they feature in the operation;
(c)
A description of the communications to be intercepted, details of the service
provider(s) and an assessment of the feasibility of the interception to the extent
known at the time of application;
(d)
A description of the conduct to be authorised or the conduct it is necessary to
undertake in order to carry out what is authorised or required by the warrant;
(e)
An explanation of why that conduct is considered to be necessary for one or
more of the permitted statutory purposes;
(f)
An explanation of why any likely intrusion into privacy is proportionate to what
is sought to be achieved by that conduct, explaining why less intrusive
alternatives have not been or would not be as effective;
(g)
Consideration of any collateral intrusion and why that intrusion is justified in the
circumstances;
(h)
Whether the application is made for the purposes of determining matters that
are privileged or confidential such as (for example) the identity or a witness or
prospective witness being contacted by a lawyer or the identity of or a
journalist’s confidential source;
(i)
Whether the application relates to a person who is known to be a member of a
profession that handles privileged or confidential information (including medical
doctors, lawyers, journalists, Members of Parliament or ministers of religion),
and if so what protections it is proposed will be applied;
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