The use of intercept evidence in terrorism cases

This note provides background information about the prohibition on using intercept evidence in terrorism trials. Subject to a limited number of exceptions, evidence from intercepted communications or any related communications data is inadmissible in legal proceedings under provisions currently set out in section 17 of the Regulation of Investigatory Powers Act 2000. It is important to note that the bar on intercept extends beyond terrorism cases (and concerns have been expressed in respect of coroner’s inquests for example). However, this note only focuses on the use of intercept material in counter-terrorism proceedings.