Investigatory Powers Act 2016

23 Approval 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.