Definitions Flashcards
Define RGTS and RGTB
RGTS = having a sound basis for suspecting that a situation or circumstance exists.
RGTB = having a sound basis for believing that a situation or circumstance actually exists.
Define evidential material.
Evdiential material, in relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the the offence.
Define tangible and intangible.
Tangible: something that may be touched.
Intangible: unable to be touched, not having physical presence.
Define CADD and provide an example for each.
Concealed: burying or hiding items in another place or removing them.
Altered: changing or removing serial numbers from stolen property in an attempt to disguise it.
Damaged: cutting out the firewall of a stolen car to remove an identifying feature.
Destroyed: consuming food, alcohol, drugs or burning clothing.
Define and list some examples of privileged material.
Privilege allows the holders of particular information to refuse to disclose this information.
This information is recognised as privileged under the S+S Act.
Recognised privileged material includes material gained through communications with:
- -Legal advisors
- -Ministers of religion
- -Medical practitioners
- -Clinical Psychologists
- -Informants
- -Journalists.
No privilege applies if the information is made, received, compiled or prepared for a dishonest purpose or to enable or aid any person to commit an offence.
What is a Production Order?
Production Orders are made under S74 of the S+S Act requiring a person or organisation (such as a business) to produce documents to enforcement agencies as evidential material of a specified offence.
What is surveillance?
Police surveillance is planned and directed activity, either open or covert, and for the purpose of:
- -Observing, (and any recording of that observation), of people, vehicles, place and things.
- -Ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered or tampered with.
- -Intercepting a private communication.
What is a surveillance device?
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
What is a visual surveillance device?
Visual surveillance device-
(a) means any electronic, mechanical, electromagnetic, optical, or electroptical instrument, apparatus, equipment, or other device that is used to observe and record, a private activity; but
(b) does not include spectacles, contact lenses, or a similar device used to correct sub vision of the user to no better than normal vision.
What is Trespass under S+S?
Unauthorised entry onto private land or unauthorised handling of goods, unless authorised by a surveillance device warrant.
Define private premises.
Private premises means a private dwellinghouse, a marae, and any other premises that are not within the definition of non-private premises.
Define private activity.
Activity that, in the circumstances, any one or more of the participants in it ought reasonably to expect is observed or recorded by no one except the participants.
Define private communication.
Private communication -:
(a) means a communication (whether oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communications; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so.
Define Trespass surveillance.
Trespass surveillance means:
- Surveillance that involves trespass to land or trespass to goods.
Define Curtilage.
Curtilage means:
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’,
It defines the boundary within which a home owner can have a reasonable expectation of privacy and where ‘common daily activities’ take place.
Define interception.
Intercept in relation to a private communication, includes hear, listen to, record, monitor, acquire or receive the communication either:
- -when it is taking place; or
- -while it is in transit.
Define interception device.
Interception device:
(a) means 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; but
(b) does not include a hearing aid, or similar device used to correct subnormal hearing of the user to no better than normal hearing.
Note: A surveillance device warrant is required to use an interception device to intercept a private communication:
Section 46 - Activities for which surveillance device warrant required:
- (a) Use of an interception device to intercept private communications.
Define voluntary oral communication.
(Section 47)
A voluntary oral communication is a communication between one or more persons where at least one party in the communication gives their consent for the communication to be recorded.
Define a tracking device.
Tracking device:
- (a) means a device that, may be used to help ascertain, by electronic or other means, either or both of the following: (i) The location of a thing or a person. (ii) Whether a thing has been opened, tampered with, or in some other way dealt with; but
- (b) Does not include a vehicle or other means of transport, such as a boat or helicopter.
Define non private premises
Non private premises means premises or part of a premises to which members of the public are frequently permitted to have access, and includes any part of a hospital, bus station, railway, airport or shop
Note: not all parts of hospitals, bus stations etc are non private premises. Areas that would be considered private are:
Hospital: theatres, consultation rooms.
Railway station: office area, staff meal rooms.
