1 Prohibition on interception.
1
Subject to the following provisions of this section, a person who intentionally intercepts a communication in the course of its transmission by post or by means of a public telecommunication system shall be guilty of an offence and liable—
a
on summary conviction, to a fine not exceeding the statutory maximum;
b
on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
2
A person shall not be guilty of an offence under this section if—
a
the communication is intercepted in obedience to a warrant issued by the Secretary of State F1or the Scottish Ministers (by virtue of provision made under section 63 of the Scotland Act 1998 under section 2 below; or
b
that person has reasonable grounds for believing that the person to whom, or the person by whom, the communication is sent has consented to the interception.
3
A person shall not be guilty of an offence under this section if—
a
the communication is intercepted for purposes connected with the provision of postal or public telecommunication services or with the enforcement of any enactment relating to the use of those services; or
b
the communication is being transmitted by wireless telegraphy and is intercepted, with the authority of the Secretary of State, F2or the Scottish Ministers (or by virtue of provisions made under section 63 of the Scotland Act 1998) for purposes connected with the issue of licences under the M1Wireless Telegraphy Act 1949 or the prevention or detection of interference with wireless telegraphy.
4
No proceedings in respect of an offence under this section shall be instituted—
a
in England and Wales, except by or with the consent of the Director of Public Prosecutions;
b
in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland.