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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, and |
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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 |
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| | (4) | Unless and until an application has been made by the prosecution in any such |
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| | proceedings the provisions of section 17 of RIPA (exclusion of matters from |
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| | 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 take |
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| | 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 disclosure |
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| | of facts relating to the obtaining of the evidence, would be contrary to |
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| | (b) | any submission that the evidence was obtained unlawfully. |
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| | “communications data” has the same meaning as in section 21(4) of RIPA; |
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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 (c. 23); |
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| | “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 | In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting |
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| To move the following Schedule:— |
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| | ‘Intercept evidence (No. 2) |
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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 |
|
| | 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 commenced on or after 31st July |
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| | 2010 to which this paragraph applies. |
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| | (2) | This paragraph applies to proceedings in respect of an offence or offences |
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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 |
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| | |
| | (4) | Unless and until an application has been made by the prosecution in any such |
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| | proceedings the provisions of section 17 of RIPA (exclusion of matters from |
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| | 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 take |
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| | 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 disclosure |
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| | of facts relating to the obtaining of the evidence, would be contrary to |
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| | |
| | (b) | any submission that the evidence was obtained unlawfully. |
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| |
| | |
| | |
| | “communications data” has the same meaning as in section 21(4) of RIPA; |
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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 (c. 23); |
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| | “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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