Warrantless wiretaps, we argued, should be used only as a last resort tool in situations of true emergency, consent should be obtained where feasible, and each case should be subject to after - the -
fact judicial oversight.
The mere
fact that
judicial oversight remains in place can ensure continued adherence to implementation of stated policy goals, and actual interventions should be rare, especially if it is clearly understood that all the courts would be enforcing are the state's own policy goals.
Consistent with these earlier reports, the Commission strongly favoured statutory appeals over
judicial review as a simpler mechanism for legal
oversight that can be calibrated to address the particularities of statutory tribunal decisions, and recommended that legislation contain a right of appeal on questions of law (and in certain instances on questions of
fact) to the courts from the exercise of statutory power with only a few exceptions.