Jack Straw' View

[Roland Perry]

In article <200006301914.UAA22268@clw.cs.man.ac.uk>, Charles Lindsey
<chl@clw.cs.man.ac.uk> writes
>You need to read Hansard (39.htm Col 1054). 

That's where I saw the clause, originally.

>It would seem that 
>
>                 (a)  establishing by whom, for what purpose, by what
>                 means and generally in what circumstances any crime
>                 was committed; and
>                 
>reflects existing caselaw,

Currently, up to the point of "charge" only. You might want to continue
to collect more evidence after that.

> and that
>
>                 (b)  the apprehension of the person by whom any
>                 crime was committed;
>is new, though I would have thought it meant "gathering evidence to find
>where the man was" (scarpered to the Cayman Islands, perhaps) rather
>than gathering more evidence to convict him. 

Yes, I think this may be about *finding* the person once you know who
they are. Otherwise it's "establishing by whom".

>However the following
>words seem to belie that:

Why?

>           and any reference in this Act to preventing or detecting
>           serious crime shall be construed accordingly, except that, in
>           Chapter I of Part I, it shall not include a reference to
>           gathering evidence for use in any legal proceedings.

Because they wish to preserve (as an isolated special case) the status
of intercept product being inadmissible in evidence.  But you could
still use it to find out "who", and "where they scarpered to".
-- 
            Roland Perry | tel: +44 1733 207705 | roland@linx.org
      Regulation Officer | fax: +44 1733 353929 | http://www.linx.net
London Internet Exchange | mbl: +44 7050 604080 |       /contact/roland