Drug Offences 8 Flashcards
Searching for evidence in relation to importation
Searching for evidence in relation to importation
- Track and trace receipts
- Correspondence
- Emails
- Passports
- Travel documents
Tracking device – Discussion
Tracking device – Discussion
Tracking devices fall into two main categories.
Firstly,
it encompasses a device that can be used to help ascertain the location of a person or thing,
whether or not it is installed in or on the thing being tracked
or in the possession of a person being tracked.
Secondly,
it encompasses a device used for detecting whether a thing has been handled,
although under s46(1)(b) of S&S Act 2012,
the use of a device for this purpose requires a warrant
only when its installation involves a trespass on land or trespass to goods.
Comparison of s23 (S&S Act 2012) and s13A (Misuse of Drugs Amendment Act 1978)
Comparison of s23 (S&S Act 2012) and s13A (Misuse of Drugs Amendment Act 1978)
Section 23- internal searches of people who are under arrest for specific offences and
believed to be concealing internally. (Police only can request)
Section 13A- Reasonable cause to believe concealing class A or B drug, Police and customs (not arrested)
Definition - Drug Dealing Offence
Definition - Drug Dealing Offence
A drug dealing offence is any offence against s6 of MODA 1975
which involves Class A or B controlled drugs.
Electronic operations cannot be conducted,
under this section for any other offences other than s6 and no other class of drug.
Definition - Evidential Material
Evidential 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 offence.
Definition - Interception Device
Interception Device
a. Means any electronic, mechanical, electromagnetic, optical or electrooptical instrument, apparatus, equipment
or other device that is used or is capable of being used
to intercept or record a private communication (including a telecommunication); 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.
Requirement for using a surveillance device for interception or trespass?
Requirement for using a surveillance device for interception or trespass?
A serious offence in relation to trespass surveillance
is an offence punishable by 7 years imprisonment or
more (or against certain sections of the Arms Act)
Activities for which a surveillance device warrant is required – s46, S&S Act 2012
Activities for which a surveillance device warrant is required – s46, S&S Act 2012
a. Use of an interception device to intercept private communication
b. Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods
c. Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device
d. Use of a surveillance device that involves trespass to land or trespass to goods
e. Observation of private activity in the curtilage of private premises, and any recording of that observation,
if any part of the observation or recording is by means of a visual surveillance device,
and the duration of the observation,
for the purposes of a single investigation, or a connected series of investigations, exceeds –
a. 3 hours in any 24-hour period or
b. 8 hours in total
Protection of CHIS identity and information -
Protection of CHIS identity and information -
Section 64 of the Evidence Act 2006 grants privilege
to informers that protects their identity and
extends to information that is likely to disclose that identity.
Period for s55, Search and Surveillance Act 2012 -
Period for s55, Search and Surveillance Act 2012 -
60 days for which the warrant may be in force.
