5. INTERCEPTION WARRANTS
(SECTION 8(1))
5.1. This section applies to the interception of communications by
means of a warrant complying with section 8(1) of RIPA. This type of
warrant may be issued in respect of the interception of
communications carried on any postal service or telecommunications
system as defined in section 2(1) of RIPA (including a private
telecommunications system). Responsibility for the issuing of
interception warrants rests with the Secretary of State.
Application for a section 8(1) warrant
5.2. An application for a warrant is made to the Secretary of State.
Interception warrants, when issued, are addressed to the person who
submitted the application. A copy may then be served on any person
who may be able to provide assistance in giving effect to that warrant.
Prior to submission to the Secretary of State, each application should
be subject to a review within the agency seeking the warrant. This
review involves scrutiny by more than one official, who will consider
whether the application is for a purpose falling within section 5(3) of
RIPA and whether the interception proposed is both necessary and
proportionate. Each application, a copy of which should be retained
by the intercepting agency, should contain the following information:
• Background to the operation in question;
• Person or premises to which the application relates (and how the
person or premises feature in the operation);
• Description of the communications to be intercepted, details of
the CSP(s) and an assessment of the feasibility of the interception
operation where this is relevant;9
• 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, and the obtaining of related
9
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This assessment is normally based upon information provided by the relevant communications service
provider.