Part 5

Equipment interference

Approval of warrants by Judicial Commissioners

Approval of warrants issued in urgent cases
109
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 ninth 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.
Word in s. 109(3) substituted (temp.) (27.3.2020) by virtue of The Investigatory Powers (Temporary Judicial Commissioners and Modification of Time Limits) Regulations 2020 (S.I. 2020/360), regs. 1(2), 4(a) (with reg. 5)
S. 109 in force at 27.6.2018 by S.I. 2018/652, reg. 9(d)