¹ Section 5, insofar as is relevant for the purposes of this note provides as follows –‘ 5.—(1.) A person shall not-(a) intercept; (b) authorize, suffer or permit another person to intercept; or (c) do any act or thing that will enable him or another person to intercept, a communication passing over the telephone system. Penalty: Five hundred pounds or imprisonment for two years. A person shall not divulge or communicate to another person, or make use of or record, any information obtained by intercepting a communication passing over the telephone system … Penalty: Five hundred ponds or imprisonment for two years.’

Section 3 ofthe Act contains the following relevant definitions—“ ‘ communication‘ includes conversation, message andsignal, and any part of a conversation, message or signal; ‘the Department’ means the Postmaster-General's Department; ‘the telephone system ’ means thetelephone system controlled by the Department.” Section 4 of the Act provides, inter alia—‘ 4.—(1.) For the purposes of this Act, but subject to the next succeeding sub-section, interception of a communication passing over the telephone system consists of listening to or recording, by any means, such a communication in its passage over the telephone system without the knowledge of the person making the communication. (2.) Where a person lawfully on premises to which a telephone service is provided, by means of a telephone instrument or other device that is part of that service—(a) listens to or records a communication passing over a telephone line that is part of that service, being a communication that is being made to or from that service; or (b)listens to a communication passing over such a telephone line as a result of a technical defect in the telephone system or the mistake of an officer of the Department, the listening or recording does not, for the purposes of this Act,constitute the interception of the communication.’

² 21 July 1965 ; unreported; S.C.C. No. 45 of 1965.

³ 8 March 1966 ; unreported; S.C.C. No. 61 of 1965.

⁴ Section 20 provides, inter alia–‘ 20.—(2.) If any person who has been released in pursuance of this section fails to comply with the conditions upon which he was released, he shall be guilty of an offence. Penalty: Imprisonment for the period provided by law in respect of the offence of which he was previously convicted … (4.) In addition, the recognizance of any such person and those of his sureties shall be estreated, and any other security shallbe enforced.’