Regulation of Investigatory Powers Act 2000

17 Exclusion of matters from legal proceedings. U.K.

(1) Subject to section 18, no evidence shall be adduced, question asked, assertion or disclosure made or other thing done in, for the purposes of or in connection with any legal proceedings [F1 or Inquiries Act proceedings] which (in any manner)—

(a) discloses, in circumstances from which its origin in anything falling within subsection (2) may be inferred, any of the contents of an intercepted communication or any related communications data; or

(b) tends (apart from any such disclosure) to suggest that anything falling within subsection (2) has or may have occurred or be going to occur.

(2) The following fall within this subsection—

(a) conduct by a person falling within subsection (3) that was or would be an offence under section 1(1) or (2) of this Act or under section 1 of the M1 Interception of Communications Act 1985;

(b) a breach by the Secretary of State of his duty under section 1(4) of this Act;

(c) the issue of an interception warrant or of a warrant under the M2 Interception of Communications Act 1985;

(d) the making of an application by any person for an interception warrant, or for a warrant under that Act;

(e) the imposition of any requirement on any person to provide assistance with giving effect to an interception warrant.

(3) The persons referred to in subsection (2)(a) are—

(a) any person to whom a warrant under this Chapter may be addressed;

(b) any person holding office under the Crown;

[F2 (ba) any person deemed to be the proper officer of Revenue and Customs by virtue of section 8(2) of the Customs and Excise Management Act 1979;]

[F3 (c) any member of the staff of the Serious Organised Crime Agency;]

F4 (ca) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(e) any person employed by or for the purposes of a police force;

(f) any person providing a postal service or employed for the purposes of any business of providing such a service; and

(g) any person providing a public telecommunications service or employed for the purposes of any business of providing such a service.

(4) [F5 In this section—

• “Inquiries Act proceedings” means proceedings of an inquiry under the Inquiries Act 2005;

• “intercepted communications” means] any communication intercepted in the course of its transmission by means of a postal service or telecommunication system.

Textual Amendments

F1 Words in s. 17(1) inserted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 20(2) (with ss. 44, 50); S.I. 2005/1432, art. 2

F2 S. 17(3)(ba) inserted (12.11.2009) by Policing and Crime Act 2009 (c. 26), ss. 100(2), 116(5)(b)

F3 S. 17(3)(c) substituted (1.4.2006) for s. 17(3)(c)(d) by Serious Organised Crime and Police Act 2005 (c. 15), ss. 59, 178, Sch. 4 para. 133(1) (with Sch. 4 para. 133(2)); S.I. 2006/378, art. 4(1), Sch. para. 10 (subject to art. 4(2)-(7))

F4 S. 17(3)(ca) omitted (1.4.2013) by virtue of The Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602), art. 1(2), Sch. 2 para. 33(3)

F5 Words in s. 17(4) substituted (7.6.2005) by Inquiries Act 2005 (c. 12), ss. 48, 51, Sch. 2 para. 20(3) (with ss. 44, 50); S.I. 2005/1432, art. 2

Marginal Citations

M1 1985 c. 56.

M2 1985 c. 56.