Summary
'Intercept as Evidence: A Report’ (Cm. 7760)sets out the key findings and conclusions of a test model, set up following the recommendations in 'Privy Council Review of Intercept as Evidence: Report to the Prime Minister and the Home Secretary’ (Cm. 7324) to see whether a regime to allow the use of intercepted material in court could be devised that facilitates bringing cases to trial while meeting the overriding imperative to safeguard national security.
The project looked at the potential evidential benefits of an intercept as evidence regime and whether the model developed to meet them could both be legally viable and meet the Privy Council review's operational requirements. The evidential impact would most likely make trials more complex due to the amount of material generated and challenges from defences.
Legal advice unanimously concluded that the model tested would not be legally viable and would breach some of the Review's operational requirements. The collective view of the departments, intercepting agencies and prosecution authorities is that the model tested does not provide a viable basis for implementation.
The Government remains committed to the principle of using intercept as evidence and will pursue three further areas of work to try to identify a way forward, reporting to Parliament before the Easter 2010 recess.
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