Privy Council Review of intercept as evidence: report - Official ...

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ANNEX A – WAY OF WORKING We have carried forward this Review on Privy Council terms throughout. We have therefore invited all interested parties to meet us and/or to provide written submissions at whatever level of sensitivity they deem appropriate. The meetings we had and the submissions we received are listed at Annexes B and C respectively. We visited France and the Netherlands for discussions, and had videoconferences with representatives of the Australian and US governments. We have had access to all the previous studies carried out within Government, and in particular to the extensive legal advice that supported them. We additionally sought Counsel’s advice ourselves, independently of that previously provided to Government. We agreed not to publish the representations and submissions made to us. They have of course been the major influence on this Report and on the conclusions it reaches. Where we believe it helpful we have drawn material for this Report from the evidence offered to us, with the originators’ agreement. The conclusions of the Report are by contrast those of the Review Members alone, and have not been cleared in advance with anyone outside the Review. We are grateful to all those who agreed to meet us, or to provide input in writing, for the efforts they had without exception taken to inform us of the issues, and for providing us with their frank views. Without this help we would not have been able to carry out this Review. The overall cost of the Review has been £115000. Annex A 52
ANNEX B – LIST OF WITNESSES Attorney General’s Office Government of Australia Judge Barker British Telecommunications plc Cabinet Office Lord Carlile of Berriew QC Crown Prosecution Service Andrew Dismore MP Foreign and Commonwealth Office Government of France Lord Goldsmith Government Communications Headquarters Her Majesty’s Revenue & Customs Home Office Rt Hon Michael Howard QC MP Interception of Communications Commissioner (Sir Paul Kennedy) Sir Igor Judge JUSTICE Sir Brian Leveson Lord Lloyd of Berwick Liberty Lord Chief Justice Michael Mansfield QC Metropolitan Police Annex B 53
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PRIVY COUNCIL REVIEW OF INTERCEPT A
Page 3 and 4: Crown Copyright 2008 The text in th
Page 5 and 6: PRIVY COUNCIL REVIEW OF INTERCEPT A
Page 7 and 8: public, as at least key parts of it
Page 9 and 10: written submissions received. It al
Page 11 and 12: are included in a schedule, which c
Page 13 and 14: independent facilities, however the
Page 15 and 16: - often in real time - and those co
Page 17 and 18: CHAPTER III - POTENTIAL USE AND BEN
Page 19 and 20: sensitivity or the risk to other, m
Page 21 and 22: 66. The existence of an official ca
Page 23 and 24: 81. We have been told that the use
Page 25 and 26: intercept as evidence would bring.
Page 27 and 28: CHAPTER V - RESOURCE IMPLICATIONS I
Page 29 and 30: CHAPTER VI - NEW COMMUNICATIONS TEC
Page 31 and 32: telephone is being set up, any part
Page 33 and 34: CHAPTER VII - RELEVANCE OF EXPERIEN
Page 35 and 36: security service 9 ). Intercept app
Page 37 and 38: 149. Spain provides another example
Page 39 and 40: 159. Although over 90% of offences
Page 41 and 42: Procedures Act 1980 (CIPA). This al
Page 43 and 44: 182. However, even with these examp
Page 45 and 46: o any ‘exculpatory material’ -
Page 47 and 48: decide whether disclosure was neede
Page 49 and 50: evidence, and the failure of that a
Page 51 and 52: The intercepting agency shall decid
Page 53: considered for cases in the civil c
Page 57 and 58: ANNEX C - LIST OF WRITTEN SUBMISSIO
Page 59 and 60: ANNEX D - BIBLIOGRAPHY Regulation o
Page 61 and 62: CSP Communications Service Provider
Page 63 and 64: Lawful Interception The interceptio
Page 65 and 66: SOCA Serious Organised Crime Agency
Page 67: Published by TSO (The Stationery Of
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