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UK Law Reference
Full glossary
Legal term
Cyber & Technology Law

Judicial Commissioner

A senior judge who, under the Investigatory Powers Act 2016, must approve warrants for interception, equipment interference, and bulk data acquisition — the 'double-lock' mechanism ensuring both ministerial and judicial oversight.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

The Investigatory Powers Act 2016 establishes the Investigatory Powers Commissioner and 'such number of other Judicial Commissioners as the Prime Minister considers necessary'. Collectively, the Investigatory Powers Commissioner and the other Judicial Commissioners are to be known as the Judicial Commissioners, and a person cannot be appointed as either unless they hold or have held high judicial office within the meaning of the Constitutional Reform Act 2005.

The Investigatory Powers Commissioner's Office (IPCO) describes the resulting mechanism as the 'double-lock': it refers to the review of applications by Judicial Commissioners for warrants allowing public authorities to use the most intrusive investigatory powers, with authorities submitting applications to ministers or IPCO's communications data authorisations team unless empowered to authorise activities internally.

Judicial Commissioners' functions can, to a defined extent, be delegated: the Investigatory Powers Commissioner may appoint up to two other Judicial Commissioners as Deputy Investigatory Powers Commissioners, and may delegate the exercise of certain functions to a Deputy or to another Judicial Commissioner, though delegation does not prevent the Commissioner from continuing to exercise those functions personally.

Example

Before an intelligence agency can act on a ministerially approved interception warrant, a Judicial Commissioner must independently review and approve it under the 'double-lock' before it takes effect.

Related terms

Official sources

This explanation is drawn from the official sources below; every substantive statement is verified against them. For advice on a specific matter, see our find help page.