“Relevant offence” is explained in subsection (12).
141.Subsection (2) prevents the disclosure of information mentioned in section 17(1) to certain categories of person involved in proceedings before the Special Immigration Appeals Commission and the Proscribed Organisations Appeal Commission.
142.Subsection (4) allows the disclosure of the contents of a communication if the interception was lawful without the need for a warrant by virtue of Sections 1(5)(c), 3 or 4. This means that interception carried out in those circumstances may be evidential.
143.Subsection (7) allows the disclosure of the fact and contents of an interception to a person conducting a criminal prosecution. A prosecutor has a duty, recognised in case-law, to ensure that a prosecution is conducted fairly. This provision allows the intercepting agency to give the prosecutor access to any intercept material which has not been destroyed so that he can discharge that duty effectively. This subsection further provides that the fact and contents of an interception may also be disclosed to a relevant judge in exceptional circumstances (see subsection (8) below). The subsection allows disclosure to the judge alone.
