106 Power to issue warrants to law enforcement officers
Investigatory Powers Act 2016 (2016 c 25) | Legislation

106  Power to issue warrants to law enforcement officers

(1)     A law enforcement chief described in Part 1 or 2 of the table in Schedule 6 may, on an application made by a person who is an appropriate law enforcement officer in relation to the chief, issue a targeted equipment interference warrant if—

(a)     the law enforcement chief considers that the warrant is necessary for the purpose of preventing or detecting serious crime,

(b)     the law enforcement chief considers that the conduct authorised by the warrant is proportionate to what is sought to be achieved by that conduct,

(c)     the law enforcement chief considers that satisfactory arrangements made for the purposes of sections 129 and 130 (safeguards relating to disclosure etc) are in force in relation to the warrant, and

(d)     except where the law enforcement chief considers that there is an urgent need to issue the warrant, the decision to issue the warrant has been approved by a Judicial Commissioner.

(2)     The fact that the information which would be obtained under a warrant relates to the activities in the British Islands of a trade union is not, of itself, sufficient to establish that the warrant is necessary as mentioned

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