the applicant’s view, the economic well-being of the UK which is to
be safeguarded is directly related to national security on the facts of
the case.
5.5. The Secretary of State must also consider that the conduct
authorised by the warrant is proportionate to what it seeks to achieve
(section 5(2)(b)). In considering necessity and proportionality, the
Secretary of State must take into account whether the information
sought could reasonably be obtained by other means (section 5(4)).
Urgent authorisation of a section 8(1) warrant
5.6. RIPA makes provision (section 7(l)(b)) for cases in which an
interception warrant is required urgently, yet the Secretary of State is
not available to sign the 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 issuing warrants in
this way to urgent cases where the Secretary of State has 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)).
A warrant issued under the urgency procedure lasts for five working
days following the day of issue unless renewed by the Secretary of
State. If it is renewed 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 non-urgent section
8(1) warrants.
Format of a section 8(1) warrant
5.7. Each warrant comprises two sections: a warrant instrument
signed by the Secretary of State listing the subject of the interception
or set of premises – a copy of which each CSP will receive – and a
schedule or set of schedules listing the communications to be
intercepted. Only the schedule relevant to the communications that
can be intercepted by the specified CSP may be provided to that CSP.
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