C1C2Part II Surveillance and covert human intelligence sources
Pt. 2 modified (1.4.2004) by The Independent Police Complaints Commission (Investigatory Powers) Order 2004 (S.I. 2004/815), art. 3 (as amended (E.W.) (8.1.2018) by The Independent Office for Police Conduct (Transitional and Consequential) Regulations 2017 (S.I. 2017/1250), regs. 1, 10(6) (with reg. 37))
Police and customs authorisations
37 Quashing of police and customs authorisations etc.
1
This section applies where an authorisation for the carrying out of intrusive surveillance has been granted on the application of—
a
a member of a police force;
b
a member of the National Criminal Intelligence Service;
c
a member of the National Crime Squad; or
d
a customs officer.
2
Where an ordinary Surveillance Commissioner is at any time satisfied that, at the time when the authorisation was granted or at any time when it was renewed, there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) were satisfied, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisation.
3
If an ordinary Surveillance Commissioner is satisfied at any time while the authorisation is in force that there are no longer any reasonable grounds for believing that the requirements of section 32(2)(a) and (b) are satisfied in relation to the authorisation, he may cancel the authorisation with effect from such time as appears to him to be the time from which those requirements ceased to be so satisfied.
4
Where, in the case of any authorisation of which notice has been given in accordance with section 35(3)(b), an ordinary Surveillance Commissioner is at any time satisfied that, at the time of the grant or renewal of the authorisation to which that notice related, there were no reasonable grounds for believing that the case was one of urgency, he may quash the authorisation with effect, as he thinks fit, from the time of the grant of the authorisation or from the time of any renewal of the authorisatio
5
Subject to subsection (7), where an ordinary Surveillance Commissioner quashes an authorisation under this section, he may order the destruction of any records relating wholly or partly to information obtained by the authorised conduct after the time from which his decision takes effect.
6
Subject to subsection (7), where—
a
an authorisation has ceased to have effect (otherwise than by virtue of subsection (2) or (4)), and
b
an ordinary Surveillance Commissioner is satisfied that there was a time while the authorisation was in force when there were no reasonable grounds for believing that the requirements of section 32(2)(a) and (b) continued to be satisfied in relation to the authorisation,
he may order the destruction of any records relating, wholly or partly, to information obtained at such a time by the authorised conduct.
7
No order shall be made under this section for the destruction of any records required for pending criminal or civil proceedings.
8
Where an ordinary Surveillance Commissioner exercises a power conferred by this section, he shall, as soon as reasonably practicable, make a report of his exercise of that power, and of his reasons for doing so—
a
to the most senior relevant person (within the meaning of section 36); and
b
to the Chief Surveillance Commissioner.
9
Where an order for the destruction of records is made under this section, the order shall not become operative until such time (if any) as—
a
the period for appealing against the decision to make the order has expired; and
b
any appeal brought within that period has been dismissed by the Chief Surveillance Commissioner.
10
No notice shall be required to be given under section 35(1) in the case of a cancellation under subsection (3) of this section.
Pt. II (ss. 26-48) applied (with modifications)(16.3.2001) by S.I. 2001/1057, arts. 2, 3
Pt. II (ss. 26-48): power to apply (with modifications) conferred (1.10.2002) by 2002 c. 30, s. 19(2)(a); S.I. 2002/2306, art. 2(b)(v)