4. Electronic Options Flashcards
Disclosure of Interceptions
May be relevant, but withheld by police for the following grounds:
Info prejudice to maintenance of the law, including prevention, investigation, and detection of offence
Disclosure likely to
- endanger safety,
- likely prejudice the security or defence NZ
- personal and private info
- privileged info
Evidential Material
Evidence of the offence, any other item, tangible or intangible, of relevance to the investigation of the offence
Surveillance Device:
Device which assists and enhances normal capabilities to carry surveillance.
Interception
Visual
Tracking
What is Surveillance
- observing and recording of People, PVT
- ascertain - location of thing or person, if it’s been tampered or interfered with.
- intercepting private communications
R v McGinty (CHIS)
Disclosure of the identity of alleged informants was not required under the Act,
However, the trial Judge was entitled to insist on disclosure if he saw fit.
Interception Device
Any Electronical Mechanical Electromagnetic Electro-optical Apparatus Equipment or other device
Used to intercept or record private communication.
Does not include hearing aid or similar to correct subnormal to to better then normal.
Section 57- Admissibiity of evidential material relevant to other offending
If you obtain EM of another offence whilst carrying out activities from SDW
BUT if a SDW couldve been issued, device could have been lawfully used
Evidential material is not inadmissible in criminal proceedings by reason that it was obtained whilst SD used for different offence.
Section 47- Activities that do not require SDW
Enforcement Off. lawfully on private premises, records what he sees without SD
Covert audio recording voluntary comms between 2 or more with consent of one.
Restrictions of intercepting Private Comms
Serious offence (7+ years) Certain arms act offences
Section 59, 60, 61, 63, 56
59- Requires written reporting within 1 month after expiry warrant
60- requires written report after use of emergency power
61- judge response to report, direction or destruction or retention of material obtained, reports breaches
63- retention period of raw surveillance
56- SDW may be carried out by any person whom it is directed, any assistant called upon to help remaining under surveillance
Section 64 Evidence Act
Informers have a privilege in respect of info that would disclose, or likely disclose their identity.
Situations of emergency 48(2)(e)
Suspect offence has, is, or about to be committed in relation to a controlled drug as per Sch 1, 2, 3, or a precursor
Believe use of a SD would obtain evidential material.
Tracking Device
Decide, used to help ascertain by electronic or other means
- location
- whether thing has been opened, tampered with, or dealt with
Does not include a vehicle, helicopter.
Private Communication
Means communication (oral, written, telecommunication, other) made under circumstances that indicate any party desires it to be confined to the parties to the communication.
Person can reasonably expect communication to be private, when interfered or intercepted- SDW required
Section 46(1)(a-e)- Activites where SDW required
Intercepting Tracking Visual Surveillance Trespass Surveillance Curtilage
