Chapter 4 - S&S

Question 1

What are the guidelines around Power to secure

scenes?

Answer 1

If a search warrant application is about to be made in relation to a place,
vehicle or thing, or has been made but not yet granted or refused by an
issuing officer:
at any time that is reasonable in the
circumstances:
enter and secure the place, vehicle, or
other thing, and
secure any item(s) found there, and
direct any person to assist with the
entry and securing of the place, vehicle
or other thing, or the securing of items
in it
if you believe:
that evidential material may be CADD or
removed before a decision is taken to grant or refuse the issue of a search
warrant.
You may only exercise these special powers until the first of the following
occurs:
the expiry of six hours from when the power is first exercised
the warrant is available for execution at that place or vehicle or in respect
of that other thing
the application for a search warrant is refused.

Question 2

Surveillance
with or without
trespass

Answer 2

If you aren’t using a device and aren’t trespassing you do not need a warrant. If either of these are breached during surveillance then the evidence will be inadmissible.

Question 3

What are the 3 types of surveillance devices?

Answer 3

an interception device
 a tracking device
 a visual surveillance device

Question 4

Can you apply for a SW orally?

Answer 4

Yes, if this is impracticable in the circumstances, you may, with prior agreement of the issuing officer:
 make an application orally, e.g. by telephone or personal appearance, or
 have your written application considered without a personal appearance before and/or without oral communication with the issuing officer.
requiring a written application would result in a delay that would
compromise the effectiveness of the search, and
 the question of whether the warrant should be issued can be properly
determined on the basis of an oral communication or personal appearance,
and
 all the required information (i.e. that required in a written application) is
supplied to the issuing officer.

Question 5

What are the grounds of applying for a SW?

Answer 5

You can apply for a search warrant if you have reasonable grounds:
 to suspect an offence punishable by imprisonment has been, is being, or
will be committed, and
 to believe that the search will find evidential material in respect of the
offence, in the place, vehicle or other thing specified in the application.

Question 6

Define Reasonable grounds to believe?

Answer 6

Having a sound basis for believing that a situation or circumstance
actually exists e.g. reasonable grounds to believe that the search
will locate evidential material relating to that offence

Question 7

Define Reasonable grounds to suspect?

Answer 7

Having a sound basis for suspecting that a situation or circumstance is likely to exist, e.g. reasonable grounds to suspect
that an offence has been committed.

Question 8

What is a an interception device?

Answer 8

 Any electronic, mechanical, electromagnetic, optical, or
electro-optical instrument, apparatus, equipment, or other device that is used or is capable of being used to intercept or record a private communication (including a
telecommunication); but
 does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
This definition covers all manner of listening devices, from sophisticated devices used to intercept communications through to
simple audio recorders.

Question 9

What is evidential material?

Answer 9

Evidential material, in relation to an offence or suspected offence,
means evidence of the offence or any other item, tangible or
intangible, of relevance to the investigation of the offence.