Overview

This bill amends the Regulation of Investigatory Powers Act 2000 (RIPA) to allow intercepted communications (intercept evidence) to be used in court for serious crimes and terrorism cases. Previously, this evidence was largely inadmissible. The bill outlines conditions for admitting such evidence and clarifies the process for its use in criminal proceedings.

Description

The key changes introduced by the bill are:

• Admissibility of Intercept Evidence: Overrules RIPA's section 17, allowing intercept evidence in court for serious crimes and terrorism. The prosecution must apply for permission.
• Considerations for Admitting Evidence: The court must consider all relevant factors before admitting evidence, including any government request to withhold evidence for public interest reasons, and any claims that the evidence was obtained unlawfully.
• Definitions: "Intercepted communication," "serious crime," and "terrorism" are defined as per existing legislation (RIPA and the Terrorism Act 2000).
• Minor Amendments to RIPA: Minor changes to RIPA are made to reflect the new admissibility of intercept evidence, primarily updating its wording to incorporate prosecution as a purpose for interception.
• Northern Ireland Extension: The bill applies to Northern Ireland.

Government Spending

The bill doesn't directly specify any changes to government spending. The potential financial implications relate to the costs associated with processing applications for admitting intercept evidence and any potential legal challenges. No figures are provided in the bill text.

Groups Affected

• Prosecution: This bill gives prosecutors a new tool for prosecuting serious crimes and terrorism cases.
• Courts: Courts will have to adjudicate on applications to use intercept evidence, adding to their workload.
• Defendants: Defendants in serious crime and terrorism cases may face prosecution using evidence that was previously inadmissible.
• Suspects: Individuals suspected of serious crimes or terrorism may face greater scrutiny through the use of this new evidence.
• Law enforcement agencies: This bill potentially increases the value and utility of intercepted communications gathered by law enforcement.

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