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

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HMCE Her Majesty’s Customs & Excise – now absorbed into HMRC. HMRC Her Majesty’s Revenue & Customs. Inculpatory Material Material held by the police or other investigating agency which tends to demonstrate the guilt of the accused (whether or not it is intended to be adduced as evidence). Intercepting Agencies The UK agencies that can apply for interception warrants are set out in RIPA (see below). The intelligence agencies that may apply are Security Service, GCHQ, Secret Intelligence Service and Defence Intelligence Staff. The law enforcement agencies are HM Revenue & Customs, Serious Organised Crime Agency, Metropolitan Police, Police Service of Northern Ireland and (in effect, for Scotland) Strathclyde Police. Interception Commissioner A senior judge appointed by the Prime Minister to oversee the interception provisions in RIPA (see below). The current incumbent is Sir Paul Kennedy. Interception of Communications Listening to and/or recording of communications such as phone calls or e- mails as they are being transmitted. Interception Modernisation Programme A Home Office Programme which aims to maintain lawful interception in the UK in the face of the move of telecommunications networks to IP technology. Intercept Product Anything produced from intercepted communications, including recordings, transcripts, notes and reports. Intercept Warrant A formal authorisation from the Secretary of State or the Scottish Ministers in accordance with RIPA, which allows the interception of specified communications. Internet Protocol (IP) An international standard method of carrying communications of all kinds (voice, data, internet access etc) in a single data stream. Investigatory Powers Tribunal The Tribunal set up by RIPA which considers complaints from the public about interception and other investigatory techniques, and can order appropriate remedies. Annex E 60
Lawful Interception The interception of communications (electronic or by mail) within the UK in accordance with appropriate legal authorisation (currently RIPA – see below). Level 1, 2, 3 Criminals The common definitions are: Level 1 – Local level/Basic Command Unit (BCU): crimes, criminals and problems affecting a BCU or small force area. The scope of the crimes will be wide-ranging from anti-social behaviour through to murder. Volume crime will be a particular issue. Level 2 – Force and/or regional level: criminal or other specific problems affecting more than one BCU which could cut across other police forces. Issues will be capable of being resolved by forces, perhaps with support from the National Crime Squad, HM Revenue & Customs or other national resources. Level 3 – Serious and organised crime: crime that usually operates on a national and international scale. Will usually require help from dedicated units and targeted operations with enforcement and preventative responses on a national basis. Monitors’ Notes Notes of the significant contents of intercepted communications, which might be used to provide an index to key material. The noting requirement would vary depending on the type of warrant and whether the material was relevant to proceedings. National Security Information (Criminal and Civil Proceedings) Act 2004 An Australian Act which provides a means of introducing classified material into a criminal case in sanitised form. NSA National Security Agency – the US Sigint agency. NTAC National Technical Assistance Centre - a part of GCHQ providing specialist technical support to the law enforcement and intelligence agencies. It processes lawfully acquired intercepted communications and stored computer data from the communications service provider to the intercepting agency. PACE Police and Criminal Evidence Act 1994. PII Public Interest Immunity – see below. PII Plus A legal model allowing the evidential use of intercept, developed within Government in 2006-07. Annex E 61
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PRIVY COUNCIL REVIEW OF INTERCEPT A
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Crown Copyright 2008 The text in th
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PRIVY COUNCIL REVIEW OF INTERCEPT A
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public, as at least key parts of it
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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 and 54: considered for cases in the civil c
Page 55 and 56: ANNEX B - LIST OF WITNESSES Attorne
Page 57 and 58: ANNEX C - LIST OF WRITTEN SUBMISSIO
Page 59 and 60: ANNEX D - BIBLIOGRAPHY Regulation o
Page 61: CSP Communications Service Provider
Page 65 and 66: SOCA Serious Organised Crime Agency
Page 67: Published by TSO (The Stationery Of
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