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Rule 47.53 Application for approval for authorisation ...F5I1

England and Wales

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

F1(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.

(2)

The applicant must—

(a)

apply in writing and serve the application on the court officer;

(b)

attach the authorisation or notice which the applicant wants the court to approve;

F2(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, in relation to a covert human intelligence source; and

(d)

propose the terms of the order.

[Note. See also rule 47.5, under which the court may—

(a)

exercise its powers in the parties’ absence; and

(b)

consider an application made orally.

F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Under section 32A(3) and (4) of the Regulation of Investigatory Powers Act 2000, on an application for an order approving an authorisation concerning directed surveillance (as defined in section 26 of the Actf1), the court must be satisfied that—

(a)

the person who granted the authorisation was entitled to do so;

(b)

the grant met any prescribed restrictions or conditions;

(c)

at the time the authorisation was granted there were reasonable grounds for believing that the surveillance described in the authorisation was—

(i)

necessary, for the purpose of preventing or detecting crime or preventing disorder, and

(ii)

proportionate to what was sought to be achieved by it; and

(d)

there remain reasonable grounds for believing those things, at the time the court considers the application.

Under section 32A(5) and (6) of the Regulation of Investigatory Powers Act 2000, on an application for an order approving an authorisation of the conduct or use of a covert human intelligence source (as defined in section 26 of the Act), the court must be satisfied that—

(a)

the person who granted the authorisation was entitled to do so;

(b)

the grant met any prescribed restrictions or conditions;

(c)

at the time the authorisation was granted there were reasonable grounds for believing that the conduct or use of a covert human intelligence source described in the authorisation was—

(i)

necessary, for the purpose of preventing or detecting crime or preventing disorder, and

(ii)

proportionate to what was sought to be achieved by it; and

(d)

there remain reasonable grounds for believing those things, at the time the court considers the application.

Under section 43(6A) of the 2000 Act, on an application to approve the renewal of such an authorisation the court in addition must—

(a)

be satisfied that, since the grant or latest renewal of the authorisation, a review has been carried out of the use made of the source, of the tasks given to him or her and of the information obtained; and

(b)

consider the results of that review.

The Regulation of Investigatory Powers (Directed Surveillance and Covert Human Intelligence Sources) Order 2010f2 specifies the persons who are entitled to grant an authorisation concerning such surveillance or such a source, and for what purpose each may do so.

Under F4section 32B(2) of the 2000 Act, the applicant is not required to give notice of an application to any person to whom the authorisation or notice relates, or to such a person’s legal representatives.]

Annotations

Textual amendments

F1

Rule 47.53(1) substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(ii)

F2

Rule 47.53(2)(c) substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(iii)

F3

Words in rule 47.53 Note omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(iv)(aa)

F4

Words in rule 47.53 Note substituted (6.4.2026) by The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(iv)(bb)

F5

Words in rule 47.53 heading omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)

Commencement

I1

Rule 47.53 in force at 6.10.2025, see Preamble

Footnotes

f1

2000 c. 23; section 26 was amended by section 406 of, and paragraph 161 of Schedule 17 to, the Communications Act 2003 (c. 21).

f2

S.I. 2010/521.

Notes on Part 47

Textual amendments

F1

Words in Pt. 47 Table of Contents omitted (6.4.2026) by virtue of The Criminal Procedure (Amendment) Rules 2026 (S.I. 2026/47), rules 3, 10(c)(i)