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Human Rights and English Law

Interception of communications and police powers

  • 4 things to know
  • Component 3

Overview

Recall questions on surveillance and covert sources under RIPA 2000, the double-lock for interception warrants under the Investigatory Powers Act 2016, and stop and search, arrest, detention limits and detainees' rights under PACE 1984.

What you need to know

Answer each one before you reveal it.

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Key term

What are the two components of the double-lock mechanism for interception warrants under the Investigatory Powers Act 2016?

Who and when

Who can extend detention beyond 24 hours and to what maximum?

Key term

State the detained person's right regarding notification of their arrest under PACE 1984.

Key term

What right does a detained person have regarding legal representation under PACE 1984?

Questions from this subtopic

Each one with the model answer underneath.

  1. 1

    Which ECHR article does RIPA 2000 restrict?

    Model answer

    Article 8 (right to respect for private and family life).

  2. 2

    What does the Regulation of Investigatory Powers Act 2000 govern?

    Model answer

    The acquisition of communications data and surveillance.

  3. 3

    What does the Investigatory Powers Act 2016 provide for?

    Model answer

    General privacy protections and the framework for lawful interception of communications, replacing parts of RIPA 2000.

  4. 4

    What is the first component of the double-lock mechanism for interception warrants under the Investigatory Powers Act 2016?

    Model answer

    Secretary of State approval.

  5. 5

    What is the second component of the double-lock mechanism for interception warrants?

    Model answer

    Judicial Commissioner approval.

  6. 6

    Why is the authorisation process for interception warrants called a 'double-lock' mechanism?

    Model answer

    Because it requires both Secretary of State approval and Judicial Commissioner approval before a warrant can be issued.

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