Part 5: Equipment interference Section 106: Power to issue warrants to law enforcement officers
This section sets out the circumstances in which a law enforcement chief can issue a targeted equipment interference warrant to an appropriate law enforcement officer, establishing the process and requirements.
	Subsection (1) sets out the conditions that must be met for a law enforcement chief to issue a targeted equipment interference warrant, where they consider that the warrant is necessary for the purpose of preventing or detecting serious crime and that the conduct authorised is proportionate. Unless considered urgent, a decision to issue a warrant must be approved by a Judicial Commissioner before the warrant is issued. A law enforcement chief must also be satisfied that appropriate safeguards are in place (as detailed in sections 129 and 130).
	Subsection (2) makes it clear that it is not sufficient to establish that a warrant is necessary, only on the basis that the information that would be obtained relates to trade union in the British Islands.
	Subsection (3) sets out the conditions that must be met for the law enforcement chiefs, specified at Part 1 of the table at Schedule 6, to issue a targeted equipment interference warrant for purposes other than serious crime. Warrants under this subsection must be considered necessary for the purpose of preventing death or any injury or damage to a person’s physical or mental health, or of mitigating any injury or damage to a person’s physical or mental health. The conduct must be considered proportionate to what is sought be gained and, unless considered urgent, the decision to issue the warrant must be approved by a Judicial Commissioner before the warrant is issued. In practice, warrants issued under this section would permit the specified law enforcement agencies to use equipment interference to locate and ensure the safety of vulnerable people, such as missing children.
	Subsection (4) permits that a law enforcement chief may delegate the power to issue a targeted equipment interference warrant to an appropriate delegate. The power to issue warrants should only be delegated in an urgent case where it is not reasonably practical for a law enforcement chief to consider the application and issue the warrant. Schedule 6 sets out the appropriate delegates in each law enforcement agency that can issue an equipment interference warrant in these circumstances.
	Subsections (6) to (13) set out variations or restrictions on the permitted purposes of targeted equipment interference warrants that may be issued by specified law enforcement chiefs. These variations and restrictions ensure that equipment interference can only be used in appropriate circumstances in relation to the purpose of each agency. For example, immigration officers may only be issued with an equipment interference warrant if the respective law enforcement chief considers that the warrant is necessary for the prevention or detection of serious crime which are related to an immigration or nationality offence (all the other requirements of subsection (1) must still be met).