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Public Bill Committee Proceedings: 15th May 2008          

60

 

Counter-Terrorism Bill, continued

 
 

Admissibility of intercept and metering evidence

 

1    (1)  

Notwithstanding section 17 of the Regulation of Investigatory Powers Act

 

2000 (c. 23) (“RIPA”), evidence of—

 

(a)    

the contents of an intercepted communication (“intercept evidence”),

 

and

 

(b)    

communications data (“metering evidence”),

 

            

shall be admissible in criminal proceedings to which this paragraph applies.

 

      (2)  

This paragraph applies to—

 

(a)    

proceedings in respect of serious crime, and

 

(b)    

proceedings in respect of an offence or offences relating to terrorism.

 

      (3)  

An application for permission to introduce intercept evidence or metering

 

evidence, or both, may be made by the prosecution for the purpose of

 

conducting a criminal prosecution to which this paragraph applies, and not

 

otherwise.

 

      (4)  

Unless and until an application has been made by the prosecution in any such

 

proceedings the provisions of section 17 of RIPA (exclusion of matters from

 

legal proceedings) shall continue to apply in connection with those

 

proceedings.

 

 

Considerations for allowing intercept or metering evidence

 

2          

In deciding whether to admit intercept or metering evidence the court shall take

 

account of all relevant considerations, including in particular—

 

(a)    

any application by the Secretary of State to withhold the evidence or

 

part of the evidence on the ground that its disclosure, or the disclosure

 

of facts relating to the obtaining of the evidence, would be contrary to

 

the public interest, and

 

(b)    

any submission that the evidence was obtained unlawfully.

 

 

Interpretation

 

3          

In this Schedule—

 

“communications data” has the same meaning as in section 21(4) of RIPA;

 

“intercepted communication” has the same meaning as in section 4 of

 

RIPA;

 

“RIPA” means the Regulation of Investigatory Powers Act 2000 (c. 23);

 

“serious crime” has the same meaning as in section 81(2)(b) of RIPA;

 

“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).

 

Minor and consequential amendments

 

4          

In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting

 

or prosecuting”.’.

 



 
 

Public Bill Committee Proceedings: 15th May 2008          

61

 

Counter-Terrorism Bill, continued

 
 

Mr Dominic Grieve

 

Mr Crispin Blunt

 

Not called  NS4

 

To move the following Schedule:—

 

‘Intercept evidence (No. 2)

 

 

Admissibility of intercept and metering evidence

 

1    (1)  

Notwithstanding section 17 of the Regulation of Investigatory Powers Act

 

2000 (c. 23) (“RIPA”), evidence of—

 

(a)    

the contents of an intercepted communication (“intercept evidence”),

 

and

 

(b)    

communications data (“metering evidence”),

 

            

shall be admissible in criminal proceedings commenced on or after 31st July

 

2010 to which this paragraph applies.

 

      (2)  

This paragraph applies to proceedings in respect of an offence or offences

 

relating to terrorism.

 

      (3)  

An application for permission to introduce intercept evidence or metering

 

evidence, or both, may be made by the prosecution for the purpose of

 

conducting a criminal prosecution to which this paragraph applies, and not

 

otherwise.

 

      (4)  

Unless and until an application has been made by the prosecution in any such

 

proceedings the provisions of section 17 of RIPA (exclusion of matters from

 

legal proceedings) shall continue to apply in connection with those

 

proceedings.

 

 

Considerations for allowing intercept or metering evidence

 

2          

In deciding whether to admit intercept or metering evidence the court shall take

 

account of all relevant considerations, including in particular—

 

(a)    

any application by the Secretary of State to withhold the evidence or

 

part of the evidence on the ground that its disclosure, or the disclosure

 

of facts relating to the obtaining of the evidence, would be contrary to

 

the public interest, and

 

(b)    

any submission that the evidence was obtained unlawfully.

 

 

Interpretation

 

3          

In this Schedule—

 

“communications data” has the same meaning as in section 21(4) of RIPA;

 

“intercepted communication” has the same meaning as in section 4 of

 

RIPA;

 

“RIPA” means the Regulation of Investigatory Powers Act 2000 (c. 23);

 

“serious crime” has the same meaning as in section 81(2)(b) of RIPA;

 

“terrorism” has the same meaning as in the Terrorism Act 2000 (c. 11).


 
 

Public Bill Committee Proceedings: 15th May 2008          

62

 

Counter-Terrorism Bill, continued

 
 

Minor and consequential amendments

 

4          

In section 5(3)(b) of RIPA, for the words “or detecting” substitute “, detecting

 

or prosecuting”.’.

 


 

Mr Tony McNulty

 

That certain written evidence already reported to the House be appended to the

 

proceedings of the Committee.

 

                                                                 Agreed to

 

Bill, as amended, to be reported.

 


 
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