Chapter 4 S&S And BoRA Flashcards
Evidential material
Anything tabgible/intangible that has relevance to the offence.
RGTB
A sound basis for believing a situation/circumstance actually exists
RGTS
A sound basis for suspecting that a situation /circumstance is likely to exist.
Tracking device
A device that may be used to help, by electronic or other means, either or both:
The location of a thing/person
Whether a thing has been opened/tampered or dealt with in some other way.
Does not include a vehicle.
Interception device
Anything capable of being used to intercept/record a private communication.
Does not include a hearing aid used to correct subnormal hearing.
Visual surveillance device
Anything used to observe/record a private activity.
Does include things used to correct subnormal vision.
Anything that enhances normal vision.
Purpose of S&S act
To facilitate the monitoring of compliance with law and the investigation /prosecution of offences consistent with human rights.
Taking into account advances in technology.
Rules recognising the importance of human rights.
Ensuring tools are effective and adequate for law enforcement needs.
S85-87 searches
Rub down searches after arrest.
Ensure a prisoner does not have anything on them that may be used to harm any person or facilitate their escape.
S88 search. Custody.
Primary purpose is to protect the detai Ed person’s property and not look/seize evidential material.
Can only be searched after they have been locked up if they were not previously searched before locked up.
They’ve been in/suspected of being in close proximity to someone who was not locked up/hadn’t been searched yet.
Or RGTB they are in possession of anything that may be used to harm themselves or others.
Search warrants. When are they required?
When it is impractical in the circumstances and warrant less search powers exist.
SW - grounds for applying?
Suspect an offence punishable by imprisonment has/is/will be committed. AND
Believe the search will locate evidential material in respect of the offence.
Sgts + for approval.
Planned action risk assessment also required.
SW oral application
Requiring a written application would result in a delay that would compromise the effectiveness of the search AND
The question of whether a SW should be issued can be determined on the basis of an oral communication AND
All the required info is supplied.
Needs to be back captured as soon as practicable.
S117 securing a scene
If a SW is about to be made but not yet granted you may:
Enter and secure a place, vehicle or thing and any items found there and direct any person to assist with entry and securing.
If you believe evidential material may be CADD.
Can only secure for 6 hours or until the SW is available/refused.
Surveillance without a device
Cannot be authorised by a warrant.
Will be unlawful if it involves a trespass.
Will be lawful if undertaken without restriction if it does not involve a trespass and is reasonable.
NB nothing precludes getting a SW to trespass on a place in order to conduct surveillance without a device.
Types of devices (3)
An interception device
a tracking device
a visual surveillance device
