Part 5Equipment interference

Approval of warrants by Judicial Commissioners

I1I2108Approval of warrants by Judicial Commissioners

1

In deciding whether to approve a person's decision to issue a warrant under this Part, a Judicial Commissioner must review the person's conclusions as to the following matters—

a

whether the warrant is necessary on any relevant grounds (see subsection (3)), and

b

whether the conduct which would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct.

2

In doing so, the Judicial Commissioner must—

a

apply the same principles as would be applied by a court on an application for judicial review, and

b

consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy).

3

In subsection (1)(a), “relevant grounds” means—

a

in the case of a decision to issue a warrant under section 102, grounds falling within section 102(5);

b

in the case of a decision to issue a warrant under section 103, the purpose of preventing or detecting serious crime;

c

in the case of a decision to issue a warrant under section 104, the interests of national security;

d

in the case of a decision to issue a warrant under section 106(1), the purpose mentioned in section 106(1)(a);

e

in the case of a decision to issue a warrant under section 106(3), the purpose mentioned in section 106(3)(a).

4

Where a Judicial Commissioner refuses to approve a person's decision to issue a warrant under this Part, the Judicial Commissioner must give the person written reasons for the refusal.

5

Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, refuses to approve a person's decision to issue a warrant under this Part, the person may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant.