The Criminal Justice (European Investigation Order) Regulations 2017

PART 4 Miscellaneous

Interception of telecommunications where no technical assistance is needed

58.—(1) This regulation applies where—

(a) a person in the United Kingdom has lawful authority to intercept telecommunications for the purposes of carrying out an investigative measure;

(b) it appears to that person that the communication address of the subject of the interception is being used on the territory of a participating State, and

(c) no technical assistance from that State is needed to carry out the interception.

(2) The person must notify the participating State of the interception—

(a) prior to the interception taking place, where the person knows that the subject is or will be on the territory of the participating State;

(b) in any other case, immediately after the person becomes aware that the subject of the interception is or has been during the period to which the interception relates, on the territory of the participating State.

(3) Notification under paragraph (2) must—

(a) be given using the form set out at Annex C to the Directive, and

(b) be accompanied by a translation into the language notified by the participating State under Article 33(1)(b) of the Directive (if that language is not English).

Designation of the Directive for the purposes of the Investigatory Powers Act 2016

59.  The Directive is designated as an EU mutual assistance instrument for the purposes of section 10 of the Investigatory Powers Act 2016 (see paragraph (c) of the definition of “EU mutual assistance instrument” in subsection (3) of that section).

UK authority’s duty to reimburse participating State for compensation paid

60.  If—

(a) an officer of an authority in the United Kingdom (“the UK authority”) assists, in the territory of a participating State, in the execution of a European investigation order made or validated under Part 2 of these Regulations;

(b) whilst assisting in the execution of the order, that officer causes damage to any person, and

(c) the participating State or any authority of that State (“the compensator”) is required, in accordance with the Directive, to pay compensation to any person for such damage,

the UK authority must pay to the compensator, on request and on the provision of satisfactory evidence, an amount equivalent to the sum paid by the compensator in respect of that damage.

Rules of court

61.—(1) Rules of court may make provision as to the practice and procedure to be followed in connection with proceedings under these Regulations.

(2) The power to make rules of court under this regulation does not prejudice any existing power to make rules.