1. GENERAL
1.1. This code of practice relates to the powers and duties conferred
or imposed under Chapter I of Part I of the Regulation of
Investigatory Powers Act 2000 (“RIPA”), amended in 2014 by the
Data Retention and Investigatory Powers Act 2014 (“DRIPA”).1
It provides guidance on the procedures that must be followed before
interception of communications can take place under those
provisions. This code of practice is primarily intended for use by
those public authorities listed in section 6(2) of RIPA. It will also
allow postal and telecommunication operators and other interested
bodies to acquaint themselves with the procedures to be followed by
those public authorities.
1.2. RIPA provides that all codes of practice issued under section 71
are admissible as evidence in criminal and civil proceedings. If any
provision of this code appears relevant before any court or tribunal
considering any such proceedings, or to the Investigatory Powers
Tribunal, or to one of the Commissioners responsible for overseeing
the powers conferred by RIPA, it must be taken into account.
1.3. This version of the code replaces all previous versions of the
code.
1 The Government has committed to bring forward legislation relating to the security, intelligence and
law enforcement agencies’ use of investigatory powers and to have that legislation enacted before the
sunset provision in the Data Retention and Investigatory Powers Act 2014 takes effect on 31 December
2016.
5