Ministerial Decision Making in Criminal Justice Cases

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Addendum

In place of paragraph 3.36 the following text should be substituted.

(u) Interception of communications

3.36 The relevant statutes here are the Regulation of Investigatory Powers Act 2000 and the Regulation of Investigatory Powers (Scotland) Act 2000. Interception warrants can only be requested in Scotland in cases where the person or premises concerned are in Scotland at the time when the warrant is signed. Applications are made by a Chief Constable, Deputy Chief Constable or an Assistant Chief Constable and, after careful scrutiny in Police Division 1 (now Police: Organised Crime and Support Services), a summary is prepared for submission to the Minister, who in practice will be the First Minister, the Deputy First Minister or the Justice Minister. Where applications are granted, the grant is signed by the Minister in person, although there have been occasions where warrants have had to be signed under emergency conditions, by an authorised senior official with the express prior consent of a Minister. The arrangements for dealing with applications for warrants are inspected by the Interception of Communications Commissioner twice a year, and thus far he has had no occasion to make an adverse report.

Page updated: Thursday, June 05, 2008