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.19 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.
19 Section 16(3) of RIPA provides that a certificate may be modified to authorise the selection of
communications sent or received outside the British Islands according to a factor (for example name,
email address or passport number) which is referable to an individual who is known for the time
being to be in the British Islands and where the purpose is the identification of material contained in
communications sent by that individual or intended for him.
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