Investigatory Powers Act 2016

109Approval of warrants issued in urgent cases

This section has no associated Explanatory Notes

(1)This section applies where—

(a)a warrant under this Part is issued without the approval of a Judicial Commissioner, and

(b)the person who issued the warrant considered that there was an urgent need to issue it.

(2)The person who issued the warrant must inform a Judicial Commissioner that it has been issued.

(3)The Judicial Commissioner must, before the end of the relevant period—

(a)decide whether to approve the decision to issue the warrant, and

(b)notify the person of the Judicial Commissioner’s decision.

“The relevant period” means the period ending with the third working day after the day on which the warrant was issued.

(4)If a Judicial Commissioner refuses to approve the decision to issue a warrant, the warrant—

(a)ceases to have effect (unless already cancelled), and

(b)may not be renewed,

and section 108(5) does not apply in relation to the refusal to approve the decision.

(5)Section 110 contains further provision about what happens if a Judicial Commissioner refuses to approve the decision to issue a warrant.