9. INTERCEPTION WITHOUT A WARRANT
9.1. Lawful interception can only take place if the conduct has lawful
authority (as set out in section 1(5) of RIPA). Section 1(5) of RIPA
permits interception without a warrant in the following
circumstances:
• Where it is authorised by or under sections 3 or 4 of RIPA (see
below); or
• Where it takes place, in relation to any stored communication,
under some other statutory power being exercised for the purpose
of obtaining information or of taking possession of any document
or other property. This includes, for example, the obtaining of
a production order under Schedule 1 to the Police and Criminal
Evidence Act 1984 for stored communications to be produced.
9.2. Interception in accordance with a warrant under section 5 of
RIPA is dealt with under chapters 3, 4, 5 and 6 of this code.
Interception without lawful authority may be a criminal offence (see
paragraph 2.2 of this code).
9.3. There is no prohibition in RIPA on the evidential use of any
material that is obtained as a result of lawful interception which takes
place without a warrant, pursuant to sections 3 or 4 of RIPA, or
pursuant to some other statutory power. The matter may still,
however, be regulated by the exclusionary rules of evidence to be
found in the common law, section 78 of the Police and Criminal
Evidence Act 1984, and/or pursuant to the Human Rights Act 1998.
Interception with the consent of both parties
9.4. Section 3(1) of RIPA authorises the interception of a
communication if both the person sending the communication and
the intended recipient(s) have given their consent.
Interception with the consent of one party
9.5. Section 3(2) of RIPA authorises the interception of a
communication if either the sender or intended recipient of the
communication has consented to its interception, and directed
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