Authorisation of surveillance and human intelligence sources
10 Authorisation of intrusive surveillance
1
Subject to the following provisions of this Act, F2any of the persons mentioned in subsection (1A) may grant authorisations for the carrying out of intrusive surveillance.
F31A
Those persons are—
a
the chief constable of F4the Police Service and any other senior officer of the Police Service who is designated by the chief constable for the purposes of this section,
F5aa
the Police Investigations and Review Commissioner;
F6 b
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F6 c
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2
a
that the authorisation is necessary for the purpose of preventing or detecting serious crime; and
b
that the authorised surveillance is proportionate to what is sought to be achieved by carrying it out.
3
The matters to be taken into account in considering whether the requirements of subsection (2) above are satisfied in the case of any authorisation shall include whether the information which it is thought necessary to obtain by the authorised conduct could reasonably be obtained by other means.
4
The conduct that is authorised by an authorisation for the carrying out of intrusive surveillance is any conduct that—
a
consists in the carrying out of intrusive surveillance of any such description as is specified in the authorisation;
b
is carried out in relation to the residential premises specified or described in the authorisation or in relation to the private vehicle so specified or described; and
c
is carried out for the purposes of, or in connection with, the investigation or operation so specified or described.