Guidance

Electronic communications and postal services: appeal a fine

Guide for public bodies on how to challenge a monetary penalty notice issued by the Interception of Communications Commissioner (ICC).

What your organisation can appeal against

Public bodies such as the police or intelligence services can be fined for intercepting communications (eg bugging phone calls or monitoring emails) without a warrant.

If you are the public body in question and disagree with the fine, you can appeal to a tribunal.

The fine and any conditions attached to it will be put on hold until after the tribunal has considered the case.

The tribunal

Your case will be dealt with by a tribunal in the General Regulatory Chamber.

The tribunal is independent of the government, and will listen to both sides of the argument before it reaches a decision.

Time limits for appealing

You have 28 days to appeal after the ICC sends you the fine.

If you miss the time limit, you can ask for more time to appeal. The tribunal will decide if it can still take your case.

How to appeal

Use the notice of appeal form and guidance notes.

Clearly say why you want to appeal against the decision.

Include any supporting documents, like the ICC’s monetary penalty notice.

Send the form to grc@hmcts.gsi.gov.uk or:

General Regulatory Chamber
HM Courts & Tribunals Service
PO Box 9300
Leicester
LE1 8DJ

Telephone: 0300 123 4504

Tribunal staff can explain how the process works, but they can’t give you legal advice.

What happens next

The tribunal will write to you about the next steps.

Find out more about General Regulatory Chamber hearings and decisions.

Legislation and rules

The Regulation of Investigatory Powers Act 2000 sets out the law around the interception of communications.

You can find the right to appeal to the tribunal in the Regulation of Investigatory Powers (Monetary Penalty Notices and Consents for Interceptions) Regulations 2011.

Read more detailed rules on how your appeal will be handled in the General Regulatory Chamber procedure rules.

Published 17 November 2014