Electronic Operations Flashcards
Drug Dealing Offence
A drug dealing offence is any offence against S6 MODA75 which involves Class A, B or C drugs.
Evidential Material
S3 Search and Surveillance Act 2012
In relation to any 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
Interception Device
S3 Search and Surveillance Act 2012
(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 (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
Visual Surveillance Device
S3 Search and Surveillance Act 2012
(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
Surveillance Device
S3 Search and Surveillance Act 2012
Means a device that is any 1 or more of the following kinds of devices:
(a) an interception device:
(b) a tracking device:
(c) a visual surveillance device
Tracking Device
S3 Search and Surveillance Act 2012
(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
Activities for which a SDW is Required
S46 Search and Surveillance Act 2012
(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
(a) use of an interception device to intercept a 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—
(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.
Activities that do Not require a SDW
S47 Search and Surveillance Act 2012
(a) the enforcement officer—
(i) being lawfully in private premises; and
(ii) recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
(b) covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them
Alternative Investigation Techniques
Case Law
R v McGinty
The evidence in the present case of continued heroin dealing, in respect of which the orthodox techniques such as searching premises and following vehicles had been tried without success, was sufficient. A Judge was not required to refuse a warrant because the Police had not exhausted every conceivable alternative technique of investigation.
Admissibility of evidential material relevant to other offences
S57 Search and Surveillance Act 2012
(1) Subsection (2) applies if, in the course of carrying out activities authorised by a surveillance device warrant or while lawfully using a surveillance device in relation to an offence, a person obtains any evidential material in relation to an offence—
(a) that is not the offence in respect of which the warrant was issued or in respect of which the surveillance device was lawfully put into use, as the case requires; but
(b) in respect of which a surveillance device warrant could have been issued or a surveillance device could have been lawfully used.
Protection of CHIS Identity and Information
Legislation
S64 Evidence Act 2006
Grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity
You are not required by law to name your CHIS
Reporting Requirements
S59 Search and Surveillance Act 2012
(1) A person who carries out the activities authorised by a surveillance device warrant must provide a surveillance device warrant report within 1 month after the expiry of the period for which the warrant is in force, as specified in the warrant, to the Judge who issued the warrant or, if that Judge is unable to act, to a Judge of the same court as the Judge who issued the warrant.
(2) The surveillance device warrant report must contain the following information:
(a) whether carrying out the activities authorised by the surveillance device warrant resulted in obtaining evidential material:
(b) whether or not the evidential material obtained as a result of carrying out the activities authorised by the warrant was evidential material specified in the warrant in accordance with section 55(3)(e):
(c) the circumstances in which the surveillance device was used:
(d) whether any criminal proceedings have been brought or are under consideration as a result of evidential material obtained under the warrant:
(e) any other information stated in the warrant as being required for inclusion in the surveillance device warrant report.
Considerations in an Electronic Operation
- Logistical support
- Analysis of evidence
- CHIS protection
- Implications of disclosure and legal grounds for withholding
Legal authority to install a tracking device
The legal authority to install a tracking device is contained in the S+S act 2012 sections 45 to 64 of this act.
Section 46 requires a surveillance device warrant to be obtained in a number of circumstances including
(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 it involve trespass to land or trespass to goods
(d) use of a surveillance device that involves trespass to land or trespass to goods (the terms “surveillance device” includes a tracking device)
Situation of emergency or urgency
Particular Section 48(2)(e) S+S 2012
(e) the enforcement officer has reasonable grounds-
(i) to suspect that an offence has been; is being; or is about to be committed in relation to a controlled drug specified or described in schedule 1, part 1 of schedule 2, or part 1 schedule 3 of the MODA 1975 or to a precursor substance specified or described in part 3 of schedule 4 of that act; and
(ii) to believe that use of the surveillance device would obtain evidential material in relation to the offence
