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Admissibility of intercept and metering evidence |
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1 (1) | Notwithstanding section 17 of the Regulation of Investigatory Powers Act |
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2000 (c. 23) (“RIPA”), evidence of— |
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(a) | the contents of an intercepted communication (“intercept evidence”), |
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(b) | communications data (“metering evidence”), |
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| shall be admissible in criminal proceedings to which this paragraph applies. |
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(2) | This paragraph applies to— |
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(a) | proceedings in respect of serious crime; |
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(b) | proceedings in respect of an offence or offences relating to terrorism. |
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(3) | An application for permission to introduce intercept evidence or metering |
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evidence, or both, may be made by the prosecution for the purpose of |
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conducting a criminal prosecution to which this paragraph applies, and not |
| 15 |
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(4) | Unless and until an application has been made by the prosecution in any |
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such proceedings, the provisions of section 17 of RIPA (exclusion of matters |
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from legal proceedings) shall continue to apply in connection with those |
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Considerations for allowing intercept or metering evidence |
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2 | In deciding whether to admit intercept or metering evidence, the court shall |
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take account of all relevant considerations, including in particular— |
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(a) | any application by the Secretary of State to withhold the evidence or |
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part of the evidence on the ground that its disclosure, or the |
| 25 |
disclosure of facts relating to the obtaining of the evidence, would be |
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contrary to the public interest, and |
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(b) | any submission that the evidence was obtained unlawfully. |
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| 30 |
“communications data” has the same meaning as in section 21(4) of |
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“intercepted communication” has the same meaning as in section 4 of |
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“RIPA” means the Regulation of Investigatory Powers Act 2000; |
| 35 |
“serious crime” has the same meaning as in section 81(2)(b) of RIPA; |
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“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11). |
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Minor and consequential amendments |
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4 (1) | In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting |
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| 40 |
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(2) | In section 17(1) of RIPA, after the words “Subject to section 18” insert “and |
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the provisions of Schedule 1 to the Serious Crime Act 2007”. |
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Transitional and transitory provisions and savings |
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Serious crime prevention orders |
| 5 |
1 | In deciding for the purposes of paragraph (a) of section 1(1) or (2) whether a |
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person has been involved in serious crime, the court may take account of |
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conduct before the coming into force of that provision as well as conduct |
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after the coming into force of that provision. |
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2 (1) | Section 20, 21 or 22 does not apply to a person who is being dealt with on or |
| 10 |
after the coming into force of the section in relation to an offence of which |
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the person was convicted before the coming into force of the section. |
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(2) | Sub-paragraph (1) does not prevent an application to the High Court for a |
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serious crime prevention order in connection with the offence concerned. |
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3 | In the application of section 24(2) before the commencement of paragraph |
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1(1) of Part 1 of Schedule 11 to the Constitutional Reform Act 2005 (c. 4) |
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(citation of acts and rules), the reference to the Senior Courts Act 1981 (c. 54) |
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is to be read as a reference to the Supreme Court Act 1981 (c. 54). |
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4 | In the application of section 26(2)(a)— |
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(a) | in England and Wales, in relation to an offence committed before the |
| 20 |
commencement of section 282(1) of the Criminal Justice Act 2003 |
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(c. 44) (increase in sentencing powers of magistrates’ court from 6 to |
| |
12 months for certain offences triable either way); and |
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(b) | in Scotland, until the commencement of section 45(1) of the Criminal |
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Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in |
| 25 |
sentencing powers from 6 to 12 months); |
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| the reference to 12 months is to be read as a reference to 6 months. |
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Encouraging or assisting crime |
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5 (1) | Nothing in any provision of Part 2 affects the operation of— |
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(a) | any rule of the common law; or |
| 30 |
(b) | any provision made by or under an Act or Northern Ireland |
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| in relation to offences committed wholly or partly before the |
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commencement of the provision in Part 2 concerned. |
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(2) | For the purposes of sub-paragraph (1), an offence is partly committed before |
| 35 |
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(a) | a relevant event occurs before commencement; and |
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(b) | another relevant event occurs on or after commencement. |
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(3) | In this paragraph “relevant event”, in relation to an offence, means any act |
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or other event (including any consequence of an act) proof of which is |
| 40 |
required for conviction of the offence. |
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6 | In relation to any time before the coming into force of section 27(1) of the |
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Justice (Northern Ireland) Act 2002 (c. 26), the reference in section 50(b) to |
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the Advocate General for Northern Ireland is to be read as a reference to the |
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Attorney General for Northern Ireland. |
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| 5 |
7 | In the application of section 65(1)(a)— |
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(a) | in England and Wales, in relation to an offence committed before the |
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commencement of section 282(1) of the Criminal Justice Act 2003 |
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(c. 44) (increase in sentencing powers of magistrates’ court from 6 to |
| |
12 months for certain offences triable either way); and |
| 10 |
(b) | in Scotland, until the commencement of section 45(1) of the Criminal |
| |
Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6) (increase in |
| |
sentencing powers from 6 to 12 months); |
| |
| the reference to 12 months is to be read as a reference to 6 months. |
| |
| 15 |
8 | In relation to an offence committed before the commencement of section |
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282(1) of the Criminal Justice Act 2003 (increase in sentencing powers of |
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magistrates’ court from 6 to 12 months for certain offences triable either |
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way), the reference to 12 months in each of the following provisions is to be |
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read as a reference to 6 months— |
| 20 |
(a) | section 32D(8)(b) of the Audit Commission Act 1998 (c. 18) (as |
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inserted by paragraph 2 of Schedule 7 to this Act); |
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(b) | section 64D(8)(b) of the Public Audit (Wales) Act 2004 (c. 23) (as |
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inserted by paragraph 4 of that Schedule). |
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| 25 |
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| | Extent of repeal or revocation |
| | | | Parliamentary Commissioner |
| | | | | | (a) | the entry for “The Director of the Assets |
| | | | | | | 30 | | | (b) | the paragraph in the Notes headed |
| | | | | “Assets Recovery Agency”. |
| | | | | | | | | | | | | | Criminal Law Act 1977 (c. 45) |
| | | 35 | | Magistrates’ Courts Act 1980 |
| | | | | | | | | | | In Schedule 1, paragraph 35. |
| | | | Criminal Appeal (Northern |
| | | | | Ireland) Act 1980 (c. 47) |
| | | 40 | | | (b) | in subsection (3), the words “, subject to |
| | | | | | | |
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|
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|
| | Extent of repeal or revocation |
| | | | | In paragraph 2A(1)(a) of Part 1 of Schedule 1, |
| | | | | | | | | Ireland) Order 1981 (S.I. |
| | | | | | | | 5 | | Magistrates’ Courts (Northern |
| | | | | Ireland) Order 1981 (S.I. |
| | | | | | | | | | | | | | | | | | 10 | | Ireland) Order 1983 (S.I. |
| | | | | | | | | | Bankruptcy (Scotland) Act 1985 |
| In section 31A(1)(b), the word “52,”. |
| | | | | | | | | Insolvency Act 1986 (c. 45) |
| In section 306A(1)(b), the word “52,”. |
| | 15 | | Public Order Act 1986 (c. 64) |
| In section 12(10), the words from |
| | | | | “notwithstanding” to the end. |
| | | | | In section 13(13), the words from |
| | | | | “notwithstanding” to the end. |
| | | | | In section 14(10), the words from |
| | 20 | | | “notwithstanding” to the end. |
| | | | | In section 14B(7), the words from |
| | | | | “notwithstanding” to the end. |
| | | | Insolvency (Northern Ireland) |
| In Article 279A(1)(b), the word “52,”. |
| | | | Order 1989 (S.I. 1989/2405 |
| | | 25 | | | | | | | | | | | | | | | | | | In section 8(3), the words “or by virtue of section |
| | | | | | | 30 | | | | | | | | In section 16(4), the words from “and any |
| | | | | | | | | | | | | | | | | 35 | | | (b) | in subsections (6)(a) and (8)(a), the word |
| | | | | | | | | | In section 108(1), the definition of “customs |
| | | | | | | | | Police (Northern Ireland) Act |
| | | 40 | | | | | | | | (b) | in subsection (5)(b), the word “(ca),”; |
| | | | | (c) | in subsection (7), the word “, (ca)”. |
| | | | Access to Justice Act 1999 (c. 22) |
| In paragraph 3(1)(b) of Schedule 2, the words |
| | | | | | | 45 | | Regulation of Investigatory |
| In section 56(1), the definition of “the customs |
| | | | | | | | | | In section 81(1), the definition of “customs |
| | | | | | | |
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| | Extent of repeal or revocation |
| | | | International Criminal Court |
| | | | | | | | | | Proceeds of Crime Act 2002 |
| | | | | | | | 5 | | | | | | | | In section 6(3)(a), the words “or the Director”. |
| | | | | In section 11(7), paragraph (b) and the word |
| | | | | | | | | | In section 14(7)(b), the words “or the Director |
| | 10 | | | | | | | | | | | | | (a) | in subsection (1), the words “or the |
| | | | | Director (as the case may be)”; |
| | | | | (b) | in subsection (3), the words “or the |
| | 15 | | | Director (as the case may be)” and “or |
| | | | | | | | | | (c) | in subsection (4), the words “or |
| | | | | | | | | | (d) | in subsection (5), the words “or the |
| | 20 | | | Director (as the case may be)” and “or |
| | | | | | | | | | (e) | in subsection (6), the words “or the |
| | | | | | | | | | In section 17(1), the words “or the Director”. |
| | 25 | | | In section 18(6), the words “or the Director (as |
| | | | | | | | | | In section 19(1)(c), the words “or the Director”. |
| | | | | | | | | | | | 30 | | | (b) | in subsection (4), the words from “If the |
| | | | | court” to “to do so,” and, in paragraph |
| | | | | (b), the words “or the Director”. |
| | | | | In section 21(1)(b), (c) and (d), the words “or the |
| | | | | | | 35 | | | In section 22(2), paragraph (b) and, in paragraph |
| | | | | | | | | | In section 23(1)(b), the words “or 52”. |
| | | | | | | | | | (a) | in subsection (1)(b), the words “or the |
| | 40 | | | | | | | | (b) | in subsection (2), in paragraph (a), the |
| | | | | words “or the Director (as the case may |
| | | | | be)” and, in paragraph (b), the words “or |
| | | | | | | 45 | | | | | | | | (a) | in subsection (3)(a), the words “or the |
| | | | | | | | | | (b) | in subsection (5)(b), the words “or the |
| | | | | Director (as the case may be)”; |
| | 50 | | | (c) | in subsection (7), the words “or the |
| | | | | | | |
|
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|
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| | Extent of repeal or revocation |
| | | | Proceeds of Crime Act 2002 |
| | | | | | (a) | in subsection (3)(a), the words “or the |
| | | | | | | | | | (b) | in subsection (5)(b), the words “or the |
| | 5 | | | Director (as the case may be)”. |
| | | | | | | | | | (a) | in the heading, the words “or Director”; |
| | | | | (b) | in subsections (1) and (2), the words “or |
| | | | | | | 10 | | | | | | | | (a) | in paragraph (a), the words “(if the |
| | | | | prosecutor appealed under section 31)”; |
| | | | | | | | | | | | 15 | | | In section 35(1), paragraph (b) and the word |
| | | | | | | | | | | | | | | | | | | | | | 20 | | | (a) | in subsections (4)(a), (5)(a) and (6)(a), the |
| | | | | | | | | | (b) | in subsection (8)(b), the words “or the |
| | | | | Director (as the case may be)”. |
| | | | | | | 25 | | | | | | | | | | | | | | | | | | In section 63(1)(b), the words from “or”, where it |
| | | | | first appears, to “Director”. |
| | 30 | | | | | | | | (a) | in subsection (1)(b), the words from “or” |
| | | | | | | | | | | | | | | | | 35 | | | (a) | in subsections (1) and (2), the words “or |
| | | | | | | | | | (b) | in subsection (5)(a), the words from “or”, |
| | | | | where it first appears, to “Director”. |
| | | | | | | 40 | | | | | | | | (a) | in paragraph (b), the words “or the |
| | | | | | | | | | (b) | in paragraph (c), the words “or the |
| | | | | Director (as the case may be)”. |
| | 45 | | | In section 156(3)(a), the words “or the Director”. |
| | | | | In section 161(7), paragraph (b) and the word |
| | | | | | | | | | In section 164(7)(b), the words “or the Director |
| | | | | | | 50 |
|
|
| |
|
| |
|
| | Extent of repeal or revocation |
| | | | Proceeds of Crime Act 2002 |
| | | | | | (a) | in subsection (1), the words “or the |
| | | | | Director (as the case may be)”; |
| | | | | (b) | in subsection (3), the words “or the |
| | 5 | | | Director (as the case may be)” and “or |
| | | | | | | | | | (c) | in subsection (4), the words “or |
| | | | | | | | | | (d) | in subsection (5), the words “or the |
| | 10 | | | Director (as the case may be)” and “or |
| | | | | | | | | | (e) | in subsection (6), the words “or the |
| | | | | | | | | | In section 167(1), the words “or the Director”. |
| | 15 | | | In section 168(6), the words “or the Director (as |
| | | | | | | | | | In section 169(1)(c), the words “or the Director”. |
| | | | | | | | | | | | 20 | | | (b) | in subsection (4), the words from “If the |
| | | | | court” to “to do so,” and, in paragraph |
| | | | | (b), the words “or the Director”. |
| | | | | In section 171(1)(b), (c) and (d), the words “or |
| | | | | | | 25 | | | In section 172(2), paragraph (b) and, in |
| | | | | paragraph (c), the words “or 200”. |
| | | | | In section 173(1)(b), the words “or 200”. |
| | | | | | | | | | (a) | in subsection (1)(b), the words “or the |
| | 30 | | | | | | | | (b) | in subsection (2), in paragraph (a), the |
| | | | | words “or the Director (as the case may |
| | | | | be)” and, in paragraph (b), the words “or |
| | | | | | | 35 | | | | | | | | (a) | in subsection (3)(a), the words “or the |
| | | | | | | | | | (b) | in subsection (5)(b), the words “or the |
| | | | | Director (as the case may be)”; |
| | 40 | | | (c) | in subsection (7), the words “or the |
| | | | | | | | | | | | | | | (a) | in subsection (3)(a), the words “or the |
| | | | | | | 45 | | | (b) | in subsection (5)(b), the words “or the |
| | | | | Director (as the case may be)”. |
| | | | | | | | | | (a) | in the heading, the words “or Director”; |
| | | | | (b) | in subsections (1) and (2), the words “or |
| | 50 | | | | | |
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