A device which tested for police radar speed check did not intercept a message between persons and therefore was not unlawful. ‘a signal in this context is not a mere electronic impulse but is rather a sign or something of meaning to another person. Mr McGuinness clearly cannot and does not submit that the emission of this beam towards a passing vehicle involves ‘the sending or conveying of any warning or information’ within the subsection.’ Section 19(6) has no application to the acquisition of information merely by beaming energy to, and receiving information back from, inanimate, albeit moving objects. The new regulations had exempted such devices.
Judges:
Lord Justice Simon Brown -And- Mr Justice Mance
Citations:
Times 18-Feb-1998, [1998] EWHC Admin 105
Links:
Statutes:
Wireless Telegraphy Act 1949 19(6), The Wireless Telegraphy Apparatus (Receivers) (Exemption) Regulations 1989
Citing:
Cited – Invicta Plastics Limited v Clare QBD 1976
Those advertising and selling devices which were designed to detect the presence of police radar speed devices commit the offence of incitement under section 1(1) of the 1949 Act which required a licence for the use of such apparatus. . .
Cited – Regina v Mildenhall Magistrates’ Court, Ex Parte Forest Heath District Council; Regina v North West Suffolk (Mildenhall) Magistrates’ Court ex parte Forest Heath District Council CA 16-Apr-1997
The Magistrates appealed against an order of mandamus requiring a case to be stated after rejecting the request by the authority as frivolous. The authority had sought to prevent the emission of noise from land used for a Motocross racing track.
Cited – Paul v Ministry of Posts and Telecommunications 1973
The defendant had a receiver tuned to receive emergency fire brigade messages. He committed an offence under the section. . .
Cited – Director of Public Prosecutions v Waite QBD 17-May-1996
The defendant had a scanner tuned to listen in to the police channel. He committed an offence under the section. . .
Lists of cited by and citing cases may be incomplete.
Road Traffic, Crime
Updated: 27 May 2022; Ref: scu.138226