Electronic Operations Flashcards
Name the 3 types of Surveillance devices
- interception device
- tracking device
- visual surveillance device
Definition of 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
B) Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
Definition of tracking device
A) means a device that may be used to help ascertain, by electronic or other means, either:
(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
Does not include a vehicle or other means of transport such as a boat or helicopter
Definition of visual surveillance 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 observe, or to observe and record, a private activity but;
(b) Does not include spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision
You cannot get a surveillance device warrant unless……
Section 45 S and S
- Offence is 7+ yrs imprisonment
- Certain arms act offence
You need a surveillance device warrant if you want to……
Section 46 SnS
- use of an interception device to intercept a private communication
- use of a tracking device (except package tampering and no trespass)
- observation of private activity in private premises, and recording of
- use of a surveillance that involves trespass to land or goods
- observation of private activity in the curtilage of private premises that exceeds 3hrs/24hrs OR 8 hrs in total
You don’t need a surveillance device warrant if……
Section 47
- You are lawfully on premises and only recording what you can observe/hear anyway (without enhancing)
- Recording audio of a voluntary conversation where one of the people has consented
- surveillance under any other enactment
What is the emergency power relating to drug offences and surveillance
S48
What must exist to use Section48 in relation to drugs
S48(2)(e) the enforcement officer has reasonable grounds -
(I) to suspect that an offence has been committed, or is being committed, or is about to be committed in relation to a controlled drug specified in or described in schedule 1, part 1 of schedule or part 1 of schedule 3 or the MODA 1975 or to a precursor substance specified or described in part 3 of schedule 4 AND
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence
MUST CONSIDER
Whether you would be entitled to make an application for a surveillance warrant
BUT obtaining such a warrant within the time in which it is proposed to undertake the surveillance is impractical in the circumstances
How long can provisions in S48 be used for without a warrant
No more than 48hrs
What is private communication
Means a communication (whether in 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 communication but
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
Surveillance includes……
- observing, and any recording of that observation, of people, places, vehicles and things
- ascertaining (tracking) the location of a thing or person, and/or ascertaining whether a thing has been tampered with
- intercepting a private communication through the use of a “surveillance” device
What is trespass surveillance
Surveillance that involves unlawful entry onto private land. Legislation restricts the use of a visual surveillance device to obtaining evidential material for serious offences only
What is the criteria for issuing surveillance device warrants?
S51 - There are reasonable grounds
(I) RGS 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 he suspected offence AND
(ii) RGB 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 s45 do not prevent the issuing of a surveillance device warrant in the circumstances
What is an informer
(1) An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informer’s identity.
(2) 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.
(3) An informer may be a member of the police working undercover.
