Interception of communications under RIPA 2000—phone tapping and other criminal offences
Interception of communications under RIPA 2000—phone tapping and other criminal offences

The following Corporate Crime guidance note provides comprehensive and up to date legal information covering:

  • Interception of communications under RIPA 2000—phone tapping and other criminal offences
  • Offence of interception under RIPA 2000, s 1
  • Interception of a communication in the course of transmission
  • What is lawful authority?
  • Procedure for obtaining a warrant
  • Dealing with the product of an intercept

On 27 June 2018, sections 1, 3, 4, 17, 18 and 19 of the Regulation of Investigatory Powers Act 2000 (RIPA 2000), relating to the unlawful interception of communications data was repealed and replaced by the provisions in Parts 1 and 2 of the Investigatory Powers Act 2016 (IPA 2016). This includes the repeal of offences of unlawful interception under RIPA 2000, s 1 which was replaced by the offences of unlawful interception and making unauthorised disclosures under IPA 2016, ss 3 and 59. The entirety of RIPA 2000, Pt I relating to the interception of communications will be repealed on 27 December 2018.

For information on the regime relating to the interception of communications under IPA 2016, see Practice Note: Interception of communications under the Investigatory Powers Act 2016.

For information on the background and scope of IPA 2016, see Practice Note: The Investigatory Powers Act 2016—an introductory guide.

Where an interception offence occurred before 27 June 2018, it may still be prosecuted under RIPA 2000 despite the fact that the provision has been repealed. Where an offence is committed on or after 27 June 2018, charges should be brought under the IPA 2016. See Practice Note: Interception of communications under the Investigatory Powers Act 2016 and Offences under the Investigatory Powers Act 2016—checklist.

Offence of interception under RIPA 2000, s