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Regulation of Investigatory Powers Act 2000

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18 Exceptions to section 17.E+W+S+N.I.
This sectionnoteType=Explanatory Notes has no associated

(1)Section 17(1) shall not apply in relation to—

(a)any proceedings for a relevant offence;

(b)any civil proceedings under section 11(8);

(c)any proceedings before the Tribunal;

(d)any proceedings on an appeal or review for which provision is made by an order under section 67(8);

[F1(da)any control order proceedings (within the meaning of the Prevention of Terrorism Act 2005) or any proceedings arising out of such proceedings;]

[F2F1(db)any financial restrictions proceedings as defined in section 65 of the Counter-Terrorism Act 2008, or any proceedings arising out of such proceedings;]

F2(e)any proceedings before the Special Immigration Appeals Commission or any proceedings arising out of proceedings before that Commission; or

(f)any proceedings before the Proscribed Organisations Appeal Commission or any proceedings arising out of proceedings before that Commission.

(2)Subsection (1) shall not, by virtue of [F3paragraphs (da) to (f)]F3 , authorise the disclosure of anything—

[F4(za)in the case of any proceedings falling within paragraph (da) to—

(i)a person who, within the meaning of the Schedule to the Prevention of Terrorism Act 2005, is or was a relevant party to the control order proceedings; or

(ii)any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents a person falling within sub-paragraph (i);]

[F5F4(zb)in the case of proceedings falling within paragraph (db), to—

(i)a person, other than the Treasury, who is or was a party to the proceedings, or

(ii)any person who for the purposes of the proceedings (but otherwise than by virtue of appointment as a special advocate) represents a person falling within sub-paragraph (i);]

F5(a)in the case of any proceedings falling within paragraph (e), to—

(i)the appellant to the Special Immigration Appeals Commission; or

(ii)any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under section 6 of the M1Special Immigration Appeals Commission Act 1997) represents that appellant;

or

(b)in the case of proceedings falling within paragraph (f), to—

(i)the applicant to the Proscribed Organisations Appeal Commission;

(ii)the organisation concerned (if different);

(iii)any person designated under paragraph 6 of Schedule 3 to the Terrorism Act 2000 to conduct proceedings so falling on behalf of that organisation; or

(iv)any person who for the purposes of any proceedings so falling (but otherwise than by virtue of an appointment under paragraph 7 of that Schedule) represents that applicant or that organisation.

(3)Section 17(1) shall not prohibit anything done in, for the purposes of, or in connection with, so much of any legal proceedings as relates to the fairness or unfairness of a dismissal on the grounds of any conduct constituting an offence under section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of the M2Interception of Communications Act 1985.

(4)Section 17(1)(a) shall not prohibit the disclosure of any of the contents of a communication if the interception of that communication was lawful by virtue of section 1(5)(c), 3 or 4.

(5)Where any disclosure is proposed to be or has been made on the grounds that it is authorised by subsection (4), section 17(1) shall not prohibit the doing of anything in, or for the purposes of, so much of any F6... proceedings as relates to the question whether that disclosure is or was so authorised.

(6)Section 17(1)(b) shall not prohibit the doing of anything that discloses any conduct of a person for which he has been convicted of an offence under section 1(1) or (2), 11(7) or 19 of this Act, or section 1 of the M3Interception of Communications Act 1985.

(7)Nothing in section 17(1) shall prohibit any such disclosure of any information that continues to be available for disclosure as is confined to—

(a)a disclosure to a person conducting a criminal prosecution for the purpose only of enabling that person to determine what is required of him by his duty to secure the fairness of the prosecution; F7...

(b)a disclosure to a relevant judge in a case in which that judge has ordered the disclosure to be made to him alone[F8; or

[F9(c)a disclosure to the panel of an inquiry held under the Inquiries Act 2005 or to a person appointed as counsel to such an inquiry where, in the course of the inquiry, the panel has ordered the disclosure to be made to the panel alone or (as the case may be) to the panel and the person appointed as counsel to the inquiry; or]]

F9F8(8)A relevant judge shall not order a disclosure under subsection (7)(b) except where he is satisfied that the exceptional circumstances of the case make the disclosure essential in the interests of justice.

[F10(8A)The panel of an inquiry shall not order a disclosure under subsection (7)(c) except where it is satisfied that the exceptional circumstances of the case make the disclosure essential to enable the inquiry to fulfil its terms of reference.]

F10(9)Subject to subsection (10), where in any criminal proceedings—

(a)a relevant judge does order a disclosure under subsection (7)(b), and

(b)in consequence of that disclosure he is of the opinion that there are exceptional circumstances requiring him to do so,

he may direct the person conducting the prosecution to make for the purposes of the proceedings any such admission of fact as that judge thinks essential in the interests of justice.

(10)Nothing in any direction under subsection (9) shall authorise or require anything to be done in contravention of section 17(1).

(11)In this section “a relevant judge” means—

(a)any judge of the High Court or of the Crown Court or any Circuit judge;

(b)any judge of the High Court of Justiciary or any sheriff;

[F11(c)in relation to proceedings before the Court Martial, the judge advocate for those proceedings; or]

F11(d)any person holding any such judicial office as entitles him to exercise the jurisdiction of a judge falling within paragraph (a) or (b).

(12)In this section “relevant offence” means—

(a)an offence under any provision of this Act;

(b)an offence under section 1 of the M4Interception of Communications Act 1985;

(c)an offence under [F12section 47 or 48 of the Wireless Telegraphy Act 2006]F12 ;

(d)an offence under F13. . . [F14section 83 or 84 of the Postal Services Act 2000];

(e)

[F15an offence under section 45 of the M5Telecommunications Act 1984;]

F15F15(f)an offence under section 4 of the M6Official Secrets Act 1989 relating to any such information, document or article as is mentioned in subsection (3)(a) of that section;

(g)an offence under section 1 or 2 of the M7Official Secrets Act 1911 relating to any sketch, plan, model, article, note, document or information which incorporates or relates to the contents of any intercepted communication or any related communications data or tends to suggest as mentioned in section 17(1)(b) of this Act;

(h)perjury committed in the course of any proceedings mentioned in subsection (1) or (3) of this section;

(i)attempting or conspiring to commit, or aiding, abetting, counselling or procuring the commission of, an offence falling within any of the preceding paragraphs; and

(j)contempt of court committed in the course of, or in relation to, any proceedings mentioned in subsection (1) or (3) of this section.

(13)In subsection (12) “intercepted communication” has the same meaning as in section 17.

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Amendments (Textual)

F2S. 18(1)(db) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 69(2), 100(2) (with s. 101(2))

F5S. 18(2)(zb) inserted (27.11.2008) by Counter-Terrorism Act 2008 (c. 28), ss. 69(3), 100(2) (with s. 101(2))

F7Word in s. 18(7) repealed (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 49, 51, Sch. 3 (with ss. 44, 50); S.I. 2005/1432, art. 2

F11S. 18(11)(c) substituted (28.3.2009 for specified purposes and otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 378, 383, Sch. 16 para. 169; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

F13Words in s. 18(12)(d) repealed (26.3.2001) by S.I. 2001/1149, art. 3(2), Sch. 2 (with art. 4(11))

F14Words in s. 18(12)(d) substituted (26.3.2001) by S.I. 2001/1149, art. 3(1), Sch. 1 para. 135(2) (with art. 4(8))

F15S. 18(12)(e) repealed (25.7.2003 for specified purposes, 29.12.2003 for further specified purposes) by Communications Act 2003 (c. 21), ss. 406, 408, 411, Sch. 19(1) (with transitional provisions in Sch. 18); S.I. 2003/1900, arts. 1(2), 2(1), 3(1), Sch. 1; S.I. 2003/3142, art. 3(2) (with art. 11)

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