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

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Platform for Interception, Decryption and Signals Analysis A system used for lawful interception in the Netherlands. Proscribed Organisations Appeals Commission (POAC) A tribunal set up by the Terrorism Act 2000 to hear appeals from the Home Secretary’s refusal to de-proscribe organisations believed to be involved in terrorism. It can hear closed evidence (including intercept) in private, with the appellant represented by a Special Advocate. Public Interest Immunity (PII) A concept of English law whereby material that passes the CPIA test for disclosure can still be withheld from the defence if the judge considers that public interest in withholding it outweighs the public interest in its disclosure. The leading case on PII is R v H and C [2004] UKHL 3. RCMP Royal Canadian Mounted Police. Retention CPIA (see above) sets out procedures handling evidential material gathered during the course of an investigation. It provides that all potentially evidential material gathered during the course of an investigation must be retained and recorded, and that the prosecution has a continuing obligation to review available material and – unless it is sensitive – make relevant material available to the defence. See also Disclosure above. RIPA Regulation of Investigatory Powers Act 2000. Part 1 Chapter 1 of this Act regulates the interception of communications; section 17 currently prohibits the use of intercepted communications in criminal proceddings. s17 Prohibition Section 17 of RIPA (see above) currently prohibits the use of intercepted communications in criminal proceedings. SFO Serious Fraud Office. Sigint Short for Signals Intelligence. Interception of electronic signals of all varieties, usually of foreign origin, and the production of intelligence based on that intercept. SIAC Special Immigration Appeals Commission (see below). SIS Secret Intelligence Service. Annex E 62
SOCA Serious Organised Crime Agency. SMS Short Messaging Service – the ability to send and receive text messages to and from mobile telephones. Special Advocate A cleared advocate provided to represent the interests of the defence in proceedings at which the defendant and his normal representatives cannot, for security reasons, be allowed to be present. Special Immigration Appeals Commission (SIAC) A tribunal set up by the Special Immigration Appeals Commission Act 1998 to hear appeals from immigration decisions based on national security or political grounds. It can hear closed evidence (including intercept) in private, with the appellant represented by a Special Advocate. Stored Communications Communications that have yet to begin their transit across the telecommunications network, or have finished it. For example e-mails stored on computer hard drives, answer-phone messages or voicemail on CSP servers. Access to this material does not need an interception warrant; it can be retrieved using a number of police powers such as a production order obtained from a circuit judge under PACE. In these situations, the s17 RIPA prohibition on evidential use of the material does not apply. Strategic Intelligence Capability The national capability to provide intelligence relating to long-term threats to the national security or economic well-being. ‘Telecoms Bubble’ The period of the late 1990s marked by the rapid speculative increase in value of telecommunications shares, and the launching of many new Internet companies. Title III Title III of the Omnibus Crime Control and Safe Streets Act (Wiretap Act) 1968 provides authority for law enforcement interception in the USA. Transcript A verbatim written record of an intercepted conversation (compare with Monitor’s Notes, see above). Voice Identification Techniques Techniques that aim to identify a speaker (or confirm such an identification) based on recordings of the speaker’s voice. Annex E 63
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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
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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 and 62: CSP Communications Service Provider
Page 63: Lawful Interception The interceptio
Page 67: Published by TSO (The Stationery Of
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