3.19. Upon renewal, warrants issued on serious crime grounds are
valid for a further period of three months. Warrants renewed on
national security/economic well-being of the UK grounds are valid
for a further period of six months. These dates run from the date on
the renewal instrument.
3.20. Where modifications to an interception warrant are made, the
warrant expiry date remains unchanged. However, where the
modification takes place under the urgency provisions, the
modification instrument expires after five working days following the
date of issue, unless it is renewed in line with the routine procedure.
3.21. Where a change in circumstance leads the intercepting agency to
consider it no longer necessary, proportionate or practicable for a
warrant to be in force, the agency must make a recommendation to
the Secretary of State that it should be cancelled with immediate
effect.
Stored communications
3.22. Section 2(7) of RIPA defines a communication in the course of
its transmission as including any time when the communication is
being stored on the communication system in such a way as to enable
the intended recipient to collect it or otherwise have access to it.
Making the contents of a communication stored in this way available
to a person other than the sender or intended recipient therefore
constitutes interception. A communication remains in the course of
its transmission regardless of whether the communication has
previously been read, viewed or listened to. A communication stored
in this way remains in the course of its transmission.
3.23. Stored communications may also be accessed by means other
than a warrant (see chapter 9). For example, if a communication has
been stored on a communication system it may be obtained with
lawful authority by means of an existing statutory power such as a
production order (under the Police and Criminal Evidence Act 1984 4 )
4 All references to the Police and Criminal Evidence Act 1984 shall be interpreted, insofar as the Code
relates to activity in Northern Ireland, as referring to the Police and Criminal Evidence (Northern
Ireland) Order 1989.
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