BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT
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warrant. In these cases the Secretary of State will still personally authorise the
interception but the warrant is signed by a senior official, following discussion of the
case between officials and the Secretary of State. RIPA restricts the issue of warrants
in this way to urgent cases where the Secretary of State has personally and expressly
authorised the issue of the warrant (section 7(2)(a)), and requires the warrant to
contain a statement to that effect (section 7(4)(a)).
6.17. A warrant issued under the urgency procedure lasts for five working days
following the date of issue unless renewed by the Secretary of State, in which case it
expires after three months in the case of serious crime or six months in the case of
national security or economic well-being, in the same way as other section 8(4)
warrants.
Format of a section 8(4) warrant
6.18. Each warrant is addressed to the person who submitted the application. A
copy may then be served upon such providers of communications services as he or she
believes will be able to assist in implementing the interception. CSPs will not
normally receive a copy of the certificate. The warrant should include the following:
A description of the communications to be intercepted;
The warrant reference number; and
Details of the persons who may subsequently modify the certificate
applicable to the warrant in an urgent case (if authorised in accordance with
section 10(7) of RIPA).
Modification of a section 8(4) warrant and/or certificate
6.19. Interception warrants and certificates may be modified under the provisions of
section 10 of RIPA. A warrant may only be modified by the Secretary of State or, in
an urgent case, by a senior official with the express authorisation of the Secretary of
State. In these cases a statement of that fact must be endorsed on the modifying
instrument, and the modification ceases to have effect after five working days
following the date of issue unless it is endorsed by the Secretary of State.
6.20. A certificate must be modified by the Secretary of State, except in an urgent
case where a certificate may be modified by a senior official provided that the official
holds a position in which he or she is expressly authorised by provisions contained in
the certificate to modify the certificate on the Secretary of State’s behalf, or the
Secretary of State has expressly authorised the modification and a statement of that
fact is endorsed on the modifying instrument. In the latter case, the modification
ceases to have effect after five working days following the date of issue unless it is
endorsed by the Secretary of State.
6.21. Where the Secretary of State is satisfied that it is necessary, a certificate may
be modified to authorise the selection of communications of an individual in the
British Islands. An individual’s location should be assessed using all available
information. If it is not possible, to determine definitively where the individual is
located using that information, an informed assessment should be made, in good faith,
as to the individual’s location. If an individual is strongly suspected to be in the UK,
the arrangements set out in this paragraph will apply.
Renewal of a section 8(4) warrant
6.22. The Secretary of State may renew a warrant at any point before its expiry
date. Applications for renewals are made to the Secretary of State and contain an