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(2) Where, before or in the course of an examination, the Commissioner is satisfied that any relevant criminal proceedings are pending or are likely to be instituted, the Commissioner shall not carry out the examination or, where the examination has been commenced, proceed with the carrying out of the examination (including the making of any determination further to the examination)—

(a) in the case of any pending criminal proceedings, until they have been finally determined or finally disposed of; or

(b) in the case of any criminal proceedings which are likely to be instituted, until they have been finally determined or finally disposed of or, if applicable, until they are no longer likely to be instituted.

(3) For the purposes of subsection (2), criminal proceedings are, in relation to an examination, regarded as relevant if, but only if, the interception or covert surveillance alleged in the application for the examination is or may be relevant to the determination of any question concerning any evidence which has been or may be adduced in those proceedings.

46. Further provisions relating to examinations

(1) For the purposes of an examination—

(a) in determining whether any interception or covert surveillance has been carried out without the authority of a prescribed authorization, the Commissioner shall apply the principles applicable by a court on an application for judicial review; and

(b) without limiting the generality of paragraph (a), the Commissioner may by applying those principles determine that any interception or covert surveillance has been carried out without the authority of a prescribed authorization notwithstanding the purported issue or renewal of any prescribed authorization.

(2) Subject to section 53(1), the Commissioner shall carry out an examination on the basis of written submissions made to him.

(3) Without prejudice to section 53(4), for the purposes of an examination, the applicant is not entitled to have access to any information, document or other matter compiled by, or made available to, the Commissioner in connection with the examination.

(4) Without prejudice to section 44(6), in giving notice to an applicant or making any order under section 44(2), (3) or (5), the Commissioner shall not—

(a) give reasons for his determination;

(b) give details of any interception or covert surveillance concerned further to those mentioned in section 44(2)(a); or

(c) in the case of section 44(5), indicate whether or not the interception or covert surveillance alleged has taken place.