38 Judicial approval for directed surveillance and covert human intelligence sources
Protection of Freedoms Act 2012 (2012 c 9) | Legislation

38  Judicial approval for directed surveillance and covert human intelligence sources

(1)     After section 32 of the Regulation of Investigatory Powers Act 2000 (authorisation of surveillance and human intelligence sources: intrusive surveillance) insert—

“Authorisations requiring judicial approval

32A Authorisations requiring judicial approval

(1)     This section applies where a relevant person has granted an authorisation under section 28 or 29.

(2)     The authorisation is not to take effect until such time (if any) as the relevant judicial authority has made an order approving the grant of the authorisation.

(3)     The relevant judicial authority may give approval under this section to the granting of an authorisation under section 28 if, and only if, the relevant judicial authority is satisfied that—

(a)     at the time of the grant—

(i)     there were reasonable grounds for believing that the requirements of section 28(2) were satisfied in relation to the authorisation, and

(ii)     the relevant conditions were satisfied in relation to the authorisation, and

(b)     at the time when the relevant judicial authority is considering the matter, there remain reasonable grounds for believing that the requirements of section 28(2) are satisfied in relation to the authorisation.

(4)     For the purposes of subsection (3) the relevant conditions are—

(a)

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