Deck Two Flashcards
Privileged Material – what is it
Allows holders of Particular info to refuse to disclose this information.
This info is recognised as Privileged under the S n S act.
Privileged Material – when does not apply.
No privilege applies if the info is made received complied or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
Privileged Material – recognised privileged Material
Recognised privileged material includes material gained through communication with:
- Legal advisers
- Ministers of religion
- Medical practitioners
- Clinical psychologists
- Informers (informants)
- Journalists
Privilege – Practical procedures
There are set procedures when a search involves privileged material held by a specified person. You must:
- Ensure that the person or their representative is present when the search is undertaken.
- Give the person a reasonable opportunity to claim privilege
As soon as practicable after being given opportunity that person must
- Provide you with a list of thins (eg documents) which they claim are privileged
- Complete a POL268 listing all documents seized o Show this list to the person present and invite them to check the accuracy of the inventory o Leave a copy with them
- Be aware that the person may make a copy of any document before you seize it and they may object to the seizure of any document.
- If you are searching and have RGTB that anything may be privileged then you must give person opportunity to claim privilege.
If you receive claim of privilege
If you receive or expect to receive claim of privilege
- secure the thing subject to privilege
- do not continue to examine it
- don’t undertake any other investigation in reliance on it; Unless;
- No claim make or withdrawn or
- -Search in accordance with direction of the court
- don’t undertake any other investigation in reliance on it; Unless;
Search Warrants -
Process overview
Process overview Stept
1 Gain prior approval
2 Gain online approval
3 Gain issuing officer authorisation
4 Plan and brief search warrant execution
5 Execute search warrant
6 Report outcomes
7 File investigation records
SW not Practicable in circumstances
With supervisor approval you can:
- Apply for a search warrant orally
- Apply for a search warrant without approaching an issuing officer in person (by phone)
- Secure a scene while you apply for a search warrant for a maximum period of 6 hours (sec 117)
Before making an on-line application You must:
1 Be sure that there are
- RDTS that an offence punishable by imprisonment has been, will be, is being, or is about to be committed, and
- RGTB that the search will find evidential material
2 Checked targets history in NIA for other SW apps/outcomes
3 Assessed the risks associated with executing the search warrant
4 Obtain initial approval from supervisor at or above the rank of sergeant to proceed with the on-line application.
Search warrant risk assessment - Risks must be
- Identified
- Assessed
- Considered in planning how you execute the search warrant
Search warrant risk assessment
– when to asses
Risks must be assessed before the application is approved and again before a search warrant is executed.
Search warrant risk assessment
– what to assess
A planned action risk assessment and CARD prompt must be completed and TENR applied to assess:
- Threat
- Exposure
- Response (measures to reduce risk)
- Necessity
Special Power Sec 117
Offers a special power when a search warrant application is pending.
If a search warrant application is about to be made or has been made and you are waiting to hear if it has been authorised and you have GRTB that evidential material may be CADD before the SW can be issued you may:
- Enter and secure a place, vehicle or thing; and
- Secure any item found there; and
- Direct any person to assist with entry and securing the place or vehicle or securing items in it.
Sec 117
– situation
If you arrive at the target address for the SW and realise that the address is incorrect such as a flat or unit number. You could then enter and secure the address until the search warrant has been amended.
Sec 117
– powers until
The powers conferred by section 117(1) may be exercised until the first of the following occurs:
(a) The expiry of 6 hours from when power 1st exercised
(b) The warrant is variable for execution at that place or vehicle or in respect of that other thing:
(c) The application for a search warrant is refused
