CHAPTER 15: RECOMMENDATIONS
(j)
Where an application is urgent, the supporting justification;
(k)
An assurance that all material intercepted will be kept for no longer than
necessary in accordance with the applicable rules, and handled in accordance
with the applicable procedures for minimisation, secure holding and
destruction.
30.
When a specific interception warrant is sought for the purpose specified in
Recommendation 28(b) above (national security) and that purpose relates to the
defence of the UK and/or the foreign policy of the Government, the Secretary of State
should have the power to certify that the warrant is required in the interests of the
defence and/or foreign policy of the UK. In such cases, the Judicial Commissioner in
determining whether to issue the warrant (Recommendation 31 below) should be able
to depart from that certificate only on the basis of the principles applicable in judicial
review.
31.
A specific interception warrant should be issued only if it is established to the
satisfaction of a Judicial Commissioner that:
(a)
the warrant is necessary for one or both of the permitted statutory purposes
(Recommendation 28 above);
(b)
the conduct authorised by the warrant is proportionate to what is sought to be
achieved by that conduct; and
(c)
the assurances regarding the handling, retention, use and destruction of the
intercepted material, including in relation to privileged or confidential material,
are satisfactory.
32.
Arrangements should be put in place for the prompt consideration of urgent
applications for specific interception warrants from any part of the UK and at any time.
33.
Should an application for a specific interception warrant be rejected, the Judicial
Commissioner should give reasons for rejection. In the event of rejection, the
applicant for a warrant should be able to:
(a)
re-submit an amended application, addressing the defects or omissions
identified by the Judicial Commissioner; or
(b)
request a final ruling on the original application from the Chief Judicial
Commissioner, by way of appeal from the original rejection.
The Chief Judicial Commissioner may consider any such appeal in conjunction with
one or more other Judicial Commissioners.
34.
It should normally be for a Judicial Commissioner to make major modifications to a
specific interception warrant, e.g. the addition of a new person or premises to the
schedule. So far as applicable, the information listed at Recommendation 29 above
should be supplied and considered before such a modification is authorised.
However, a Judicial Commissioner should have the power to authorise a DP meeting
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