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Permit
the introduction of intercept evidence and evidence of communications
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data in certain criminal proceedings;
and for connected purposes. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled, and
by the authority of the same, as follows:— |
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1 |
Admissibility
of intercept and metering evidence |
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(1) |
Notwithstanding section
17 of the Regulation of Investigatory
Powers Act 2000 |
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(c. 23) (“RIPA”),
evidence of— |
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(a) |
the contents of an intercepted
communication (“intercept evidence”), |
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5 |
(b) |
communications data (“metering
evidence”), |
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shall
be admissible in criminal proceedings to which this section applies. |
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(2) |
This section 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 section 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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2 |
Considerations
for allowing intercept or metering evidence |
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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 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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5 |
“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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4 |
Minor
and consequential amendments |
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(1) |
In section 5(3)(b) of RIPA,
for the words “or detecting” substitute “, detecting
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(2) |
In section 17(1) of RIPA,
after the words “Subject to section 18” insert “and
the |
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provisions of the Interception
of Communications (Admissibility of Evidence) |
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Short
title, commencement and extent |
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(1) |
This Act may be cited as
the Interception of Communications (Admissibility of |
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(2) |
This Act shall come into
force at the end of the period of two months beginning |
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with the day on which the
Act is passed. |
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(3) |
This Act extends to Northern
Ireland. |
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