Part 2Lawful interception of communications
CHAPTER 1Interception and examination with a warrant
Approval of warrants by Judicial Commissioners
I123Approval of warrants by Judicial Commissioners
1
In deciding whether to approve a person's decision to issue a warrant under this Chapter, a Judicial Commissioner must review the person's conclusions as to the following matters—
a
whether the warrant is necessary on relevant grounds (see subsection (3)), and
b
whether the conduct that would be authorised by the warrant is proportionate to what is sought to be achieved by that conduct.
2
In doing so, the Judicial Commissioner must—
a
apply the same principles as would be applied by a court on an application for judicial review, and
b
consider the matters referred to in subsection (1) with a sufficient degree of care as to ensure that the Judicial Commissioner complies with the duties imposed by section 2 (general duties in relation to privacy).
3
In subsection (1)(a) “relevant grounds” means—
a
in the case of a decision of the Secretary of State to issue a warrant, grounds falling within section 20;
b
in the case of a decision of the Scottish Ministers to issue a warrant, grounds falling within section 21(4).
4
Where a Judicial Commissioner refuses to approve a person's decision to issue a warrant under this Chapter, the Judicial Commissioner must give the person written reasons for the refusal.
5
Where a Judicial Commissioner, other than the Investigatory Powers Commissioner, refuses to approve a person's decision to issue a warrant under this Chapter, the person may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant.