Interception of Communications

Question 1

Intro

Answer 1

Article 8 v Police obligation to prevent/ detect crimes

Question 2

Before 1985

Answer 2

No real legal force, only assists criminal investigations
- no protection for citizens

Question 3

Malone

Answer 3

Prosecuted for handling stolen goods based on information gained through phone taping. His appeal failed but led to ECHR saying the UK ended to rate legislation - lead to creation of Interception of Communications act.
- landmark case brought some protection but only with phone and mail interception

Question 4

Bugging devices: Khan

Answer 4

Caught for importing drugs through a bugging device. He argued that the device was illegal but the guidelines had mostly been followed

Question 5

Police act 1997 - provisions that allow bugging

Answer 5

• warrant must be issues by chief constable or above in writing
• prior authorisation is required where property is believed to be a dwelling
  
  • lots of sections showing need for higher authority

Question 6

Regulation of Investigatory Power act

Answer 6

S1 - offence to intercept communications by post or telecom
S81(3) - serious crime is measured as a 21 y/o with no previous convictions getting 3 or more years
S67 - tribunal has the power to quash a warrant or aware compensation
- brings clarity