BIG BROTHER WATCH AND OTHERS v. THE UNITED KINGDOM JUDGMENT internal procedure for selection had not been followed. There had therefore been a breach of the Legal Resources Centre’s Article 8 rights. However, the IPT was satisfied that no use was made of the material and that no record had been retained so the applicant had not suffered material detriment, damage or prejudice. Its determination therefore constituted just satisfaction and no compensation was awarded. RELEVANT LEGAL FRAMEWORK AND PRACTICE I. RELEVANT DOMESTIC LAW A. The interception of communications 1. Warrants: general 61. Section 1(1) of RIPA 2000 (which has now been replaced by the Investigatory Powers Act 2016) rendered unlawful the interception of any communication in the course of its transmission by means of a public postal service or a public telecommunication system unless it took place in accordance with a warrant under section 5 (“intercept warrant”). 62. Section 5(2) allowed the Secretary of State to authorise an intercept warrant if he or she believed that it was necessary for the reasons set out in section 5(3), namely that it was in the interests of national security, for the purpose of preventing or detecting serious crime, or for safeguarding the economic well-being of the United Kingdom (so far as those interests are also relevant to the interests of national security – see paragraphs 3.5 and 6.11 of the IC Code at paragraph 96 below); and that the conduct authorised by the warrant was proportionate to what was sought to be achieved by that conduct. In assessing necessity and proportionality, account had to be taken of whether the information sought under the warrant could reasonably have been obtained by other means. 63. Section 81(2)(b) of RIPA defined “serious crime” as crime which satisfied one of the following criteria: “(a) that the offence or one of the offences that is or would be constituted by the conduct is an offence for which a person who has attained the age of twenty-one and has no previous convictions could reasonably be expected to be sentenced to imprisonment for a term of three years or more; (b) that the conduct involves the use of violence, results in substantial financial gain or is conduct by a large number of persons in pursuit of a common purpose.” 64. Section 81(5) provided: “For the purposes of this Act detecting crime shall be taken to include– (a) establishing by whom, for what purpose, by what means and generally in what circumstances any crime was committed; and (b) the apprehension of the person by whom any crime was committed; 17

Select target paragraph3