Investigatory Powers Act 2016

108 Approval of warrants by Judicial Commissioners U.K.

(1) In deciding whether to approve a person's decision to issue a warrant under this Part, a Judicial Commissioner must review the person's conclusions as to the following matters—

(a) whether the warrant is necessary on any relevant grounds (see subsection (3)), and

(b) whether the conduct which 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 to issue a warrant under section 102, grounds falling within section 102(5);

(b) in the case of a decision to issue a warrant under section 103, the purpose of preventing or detecting serious crime;

(c) in the case of a decision to issue a warrant under section 104, the interests of national security;

(d) in the case of a decision to issue a warrant under section 106(1), the purpose mentioned in section 106(1)(a);

(e) in the case of a decision to issue a warrant under section 106(3), the purpose mentioned in section 106(3)(a).

(4) Where a Judicial Commissioner refuses to approve a person's decision to issue a warrant under this Part, 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 Part, the person may ask the Investigatory Powers Commissioner to decide whether to approve the decision to issue the warrant.

Commencement Information

I1 S. 108 in force at 31.5.2018 for specified purposes by S.I. 2018/652, reg. 4(h)