Rule 10 Amendments to the Criminal Procedure Rules 2025

In Part 47 (Investigation orders and warrants), in Section 7: Investigation approval orders under the Regulation of Investigatory Powers Act 2000^f1—

(a)

for rule 47.51 (When this Section applies) substitute—

“When this Section applies

47.51.

This Section applies where a justice of the peace can make an order approving the grant or renewal of an authorisation under section 32A of the Regulation of Investigatory Powers Act 2000^f2.

[Note. Under the Regulation of Investigatory Powers Act 2000, an order may be made approving a local authority officer’s authorisation for the use of surveillance or of a ‘covert human intelligence source’.]”;

(b)

in rule 47.52 (Exercise of court’s powers)—

(i)

in paragraph (1) for “sections 23B(2) and 32B(2)” substitute “section 32B(2)”,

(ii)

in paragraph (2)—

(aa)

omit “, giving”, and

(bb)

omit “or notice”, in both places it occurs, and

(iii)

in the note to the rule—

(aa)

for “sections 23B(2) and 32B(2)” substitute “section 32B(2)”, and

(bb)

for “sections 23B(3) and 32B(3)” substitute “section 32B(3)”; and

(c)

in rule 47.53 (Application for approval for authorisation or notice)—

(i)

in the heading omit “or notice” and amend the Part 47 table of contents correspondingly,

(ii)

for paragraph (1) substitute—

“(1)

This rule applies where an applicant wants a magistrates’ court to make an order approving, under sections 32A and 32B of the Regulation of Investigatory Powers Act 2000, an authorisation for—

(a)

the carrying out of directed surveillance, under section 28 of the 2000 Act; or

(b)

the conduct or use of a covert human intelligence source, under section 29 of the Act^f3.”,

(iii)

in paragraph (2) for sub-paragraph (c) substitute—

“(c)

attach such other material (if any) on which the applicant relies to satisfy the court—

(i)

as required by section 32A(3) and (4) of the 2000 Act, in relation to directed surveillance, or

(ii)

as required by section 32A(5) and (6), and, if relevant, section 43(6A), of the Act^f4, in relation to a covert human intelligence source; and”, and

(iv)

in the note to the rule—

(aa)

omit the second and third paragraphs, and

(bb)

in the final paragraph for “sections 23B(2) and 32B(2)” substitute “section 32B(2)”.

Annotations

Footnotes

f1: 2000 c. 23.
f2: Sections 32A and 32B were inserted by section 38(1) of the Protection of Freedoms Act 2012 (c. 9)
f3: Section 29 was amended by section 8(2) and (4) of the Policing and Crime Act 2009 (c. 26), section 44 of, and paragraph 3(2), (3) and (5) of Schedule 19 to, the Policing and Crime Act 2017 (c. 3) and section 1(4) of the Covert Human Intelligence Sources (Criminal Conduct) Act 2021 (c. 4) and by S.I. 2013/602.
f4: Section 43(6A) was inserted by section 38(2)(b) of the Protection of Freedoms Act 2012.