Electronic operations Flashcards
Define a drug dealing offence in relation to electronic ops?
For the purpose of electronic investigations a drug dealing offences any offence against section 6 of the misuse of drugs act 1975 which involves class a, B or C controlled drugs and include certain offences identified under the psychoactive substances act 2013
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
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
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
60 days for which the warrant may be in force.
Criteria for issuing surveillance device warrant (s51)
a. There are reasonable grounds -
i. To suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence AND
ii. To believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence AND
b. The restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.
Who are Informers – s64, Evidence Act 2006
- An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informer’s identity
- A person is an informer for the purposes of this section if the person –
a. Has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed AND
b. Is not called as a witness by the prosecution to give evidence relating to that information - An informer may be a member of the Police working undercover.
Evidential Transcript
Analysis of the intercepted communications, (also referred to as sessions), are painstaking, and require patience, dedication and attention to detail. Each session is carefully analysed and a transcript of all relevant evidence is made.
The transcript must be a verbatim copy of the recorded version of the conversation. However, when it is presented to the Court, the recording will be played back in such a manner that extraneous or inadmissible evidence is not disclosed.
What following key activities should be undertaken by the telephone investigator during the first 24 hours, (O/C – Phones);
• “Trapping” or “pre-loading” phone data
• TSP Liaison
• Draft a production order application early
• Analysts
• Proving phone ownership
