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- No claim make or withdrawn or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
Who can issue a search warrant?
Issuing officers are the only people who may issue a SW
- DC judge
- HC Judge Or any person authorised by the attorney General such as a:
- JP
- Community Magistrate
- Registrar
- Deputy Registrar
When will a SW be authorised
An Issuing officer will authorise a SW for a P,V,T or facility if they are satisfied the SW app clearly shows:
- RDTS and offence punishable by imprisonment has been, will be or is about to be committed, and
- RGTB that the search will find evidential material in respect of the offence in the PVT Issuing officer MUST be satisfied that these two conditions have been met.
Issuing officer
– restrictions on warrant
- Restricting the time when the search warrant can reasonably be executed
- Requiring the occupier or person in charge of a place to provide reasonable assistance to the officer executing the SW
- Requiring a report on the SW within a specified time
When the search warrant app is refused You should:
- Record the issuing officers reasons
- Consider the issues raised and if possible re-draft the application, ensuring you have addressed these issues
- Re-submit the application to the same issuing officer
When the search warrant app is refused If they cannot be addressed:
- Make further enquiries to support the app
- Consider whether to continue your investigation without conducting a search
- If the reasons for not signing the search warrant do not seem justified, submit a report to legal services for direction.
Who may execute a SW
Who may execute
- the person to whom it is directed or any constable
How long is a SW valid
How long is a SW valid
- no more than 14 days from date of issue or
- no more than 30 days fro date of issue if you have justified why this is necessary and the issuing officer is satisfied.
When can a SW be executed
When can a SW be executed
- at any time that is reasonable under the circumstances or
- at a restricted time required by the issuing officer as a condition of execution when is a search warrant considered executed
- when you have seized the evidential material specified in the search warrant or
- leave the place vehicle or other thing to be searched and do not return within 4 hours
How often can a search warrant be executed
How often can a search warrant be executed
- once, unless….
- More than one execution is applied for, justified and authorised in SW
Planning searches and assessing risk
Risks assessment is ongoing. When preparing a SW execution plan you must
- Review and re-assess the IDed risk
- Work with others to ID and consider any further risks
- Plan how to manage and minimise any IDed risks
- Determine how risk management will be communicated in your search warrant briefing
Application to postpone compliance obligations
If providing a copy of the SW inventory would:
- Endanger life and safety
- Prejudice on-going investigations
You may apply to a judge to postpone your obligation to provide copy of SW
- Made under sec 134 SnS 2012 and presented to judge:
- At time of the SW app, or
- Before 7 days has passed after the SW execution
- Judge can postpone for 12 months (long term investigation)
