Section 312CC — Crimes Act 1961: Application by police for warrant to intercept private communications relating to terrorist offences

312CC Application by police for warrant to intercept private communications relating to terrorist offences (1) An application may be made to a Judge of the High Court for a warrant for any member of the police to intercept a private communication by means of an interception device if there are reasonable grounds for believing— (a) that a terrorist offence has been committed, or is being committed, or is about to be committed; and (b) if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and (c) that it is unlikely that without the granting of such a warrant the police investigation of the case can be brought to a successful conclusion or, as the case may be, the commission of the offence can be prevented. (2) The application must be made by a commissioned officer of the police, in writing and on oath, and must set out the following particulars: (a) a statement of the facts relied on to show that there are reasonable grounds for believing— (i) that a terrorist offence has been committed, or is being committed, or is about to be committed; and (ii) if the offence has yet to be committed, that the use of an interception device to intercept private communications is likely to prevent its commission; and (b) a description of how it is proposed to intercept private communications; and (c) either,— (i) if they are known, the name and address of the suspect the interception of whose private communications there are reasonable grounds for believing will assist the police investigation of the case or (as the case may be) prevent the commission of a terrorist offence; or (ii) if the name and address of the suspect are not known, a general description of the premises or place in respect of which it is proposed to intercept private communications, being premises or a place believed to be used for any purpose by a person— (A) who it is believed has committed, or is committing, or is about to commit, a terrorist offence; or (B) who it is believed was involved, or is involved, or will be involved, in the commission of the offence; and (d) a statement of the period for which the warrant is requested; and (e) whichever of the following is applicable: (i) both— (A) a general description of the investigative procedures and techniques that have been tried, but have failed to enable the police to conclude their investigation of the case successfully or (as the case may be) failed to help prevent the commission of the offence; and (B) a statement of why those procedures and techniques have failed: (ii) a statement of why it appears that investigative procedures and techniques other than the interception of private communications— (A) are unlikely to enable the police to conclude their investigation of the case successfully or (as the case may be) to help prevent the commission of the offence, or (B) are likely to be too dangerous to adopt in the particular case: (iii) a statement of why the case is considered so urgent that it would be impracticable for the police to carry out their investigation using only investigative procedures and techniques other than the interception of private communications. Sections 312CC and 312CD were inserted, as from 31 October 2003, by section 8 Crimes Amendment Act (No 2) 2003 (2003 No 105).