MR JUSTICE BURTON
Approved Judgment
Kingdom only if the requirements of subsection (7) are
satisfied.
(7) The requirements of this subsection are satisfied in the case
of a warrant if it appears to the Secretary of State—
(a) that requirements corresponding to those of subsections
(2) and (3) will apply, to such extent (if any) as the Secretary
of State thinks fit, in relation to any of the intercepted
material or related communications data possession of
which, or of any copy of which, is surrendered to the
authorities in question; and
(b) that restrictions are in force which would prevent, to
such extent (if any) as the Secretary of State thinks fit, the
doing of anything in, for the purposes of or in connection
with any proceedings outside the United Kingdom which
would result in such a disclosure as, by virtue of section 17,
could not be made in the United Kingdom.”
We have already referred to s.15(8) in paragraph 29 above.
“16. (1) For the purposes of section 15 the requirements of this
section, in the case of a warrant in relation to which there is a
section 8(4) certificate, are that the intercepted material is
read, looked at or listened to by the persons to whom it
becomes available by virtue of the warrant to the extent only
that it—
(a) has been certified as material the examination of which
is necessary as mentioned in section 5(3)(a), (b) or (c); and
(b) falls within subsection (2).
(2) Subject to subsections (3) and (4), intercepted material falls
within this subsection so far only as it is selected to be read,
looked at or listened to otherwise than according to a factor
which—
(a) is referable to an individual who is known to be for the
time being in the British Islands; and
(b) has as its purpose, or one of its purposes, the
identification of material contained in communications sent
by him, or intended for him.
(3) Intercepted material falls within subsection (2),
notwithstanding that it is selected by reference to any such
factor as is mentioned in paragraph (a) and (b) of that
subsection, if—