Definitions and Discussion Flashcards
What does RGTS and RGTB mean?
Having a sound basis for suspecting or believing that a situation or circumstance exists
When you have formed a belief or suspicion you must clearly describe your reasons by doing what?
- Record your reasonable grounds for using a search power in your notebook. This is you decision log.
What else might you be required to do when using powers, other than recording a decision log?
- Report your decision to use a power and your grounds for using it
- Justify your use of a power in court or in other formal proceedings
Under the Search and Surveillance Act what is a lawful search?
Conducted:
- With a warrant
- Warrantless power
- With consent
Under the Search and Surveillance Act what is a reasonable search?
- Complies with Section 21 of BORA and considers factors such as:
- The nature of the search
- How intrusive the search is
- Where and when the search takes place
What should you consider when deciding whether you are going to apply for a Search Warrant or use Warrantless Powers?
- Is there time to gain approval for a SW
- Can the scene be secured (Section 117)
- Are reasonable resources available to minimise risk and ensure safety
- Is the evidential material at risk
- Location of the search and who may be present
Why use a Search Warrant?
- Ensures judicial oversight
- Provides greater protection for Police and the public
- Requires recording and reporting of results
How is organisational accountability maintained during the SW process
Reporting to Parliament and if required to issuing officers.
For what reasons can you conduct a consent search?
- To prevent the commission of an offence
- To investigate whether an offence has been committed
- To protect life or property
- To prevent injury or harm
What must you advise the person of before conducting a consent search?
- The reason of the proposed search AND
- They may consent or refuse to consent to the search
What is good practice to do after a consent search?
- Record your grounds for requesting a consent search
- Make notes about the search in notebook
When can a person under 14 years consent to the search of a place, vehicle or other thing?
If they are found driving with no passenger of or over 14 years of age with authority to consent
Do you need to report a consent search?
No
Explain Evidential Material in terms of CADD
Evidential Material, in relation to an offence means evidence of the offence, or any other item, tangible or intangible, of relevance to the offence.
What is tangible and intangible evidence?
Tangible - something that may be touched
Intangible - something unable to be touched; not having physical presence
