Electronic Operations

Question 1

Evidential material - Definition

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Answer 1

In relation to an offence means evidence of the offence, or any other item, tangible or intangible of relevance to the investigation.

Question 2

Private communication - Definition

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Answer 2

A communication made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to them, but;

Doesn’t include communication of that kind in circumstances in which any party to the communication ought reasonably to expect that it may be interpreted by some other person without having the express or implied consent to do so.

Question 3

Interception device - Definition

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Answer 3

Any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or other device that is used or capable of being used to intercept or record private communication, but;

Doesn’t include a hearing aid or similar device used to correct subnormal hearing to no better than normal hearing.

Question 4

Visual surveillance device - Definition

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Answer 4

Any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or other device that is used or capable of being used to observe or observe and record, a private activity, but;

Doesn’t include spectacles, contact lenses or a similar device used to correct subnormal vision of the user to be no better than normal vision.

Question 5

Surveillance device is one or more of the following devices:

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Answer 5

1. Interception device;
2. Tracking device
3. Visual surveillance device

Question 6

Tracking device - Definition

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Answer 6

A device used to help ascertain, by electronic or other means; the location of a thing or person, or whether a thing has been opened, tampered with or otherwise dealt with. But doesn’t include a vehicle or other means of transport such as a helicopter.

Question 7

SASA 2012 restricts the use of an interceptions device to obtaining EM for serious offences only. Serious offence include:

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Answer 7

1. Offence punishable by 7 years +
2. Certain arms act 1983 offences

Question 8

Situations of emergency:

Surveillance devices can be used without warrant in situations of emergency or urgency where one or more of the following situations exists:

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Answer 8

Situations of emergency or urgency
Section 48 Search and Surveillance Act 2012

1. Offence punishable by 14 years +
2. Specified Arms Act 1983 offence
3. A drug offence
4. Likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
5. Presenting risk to life and safety and surveillance is necessary as an emergency response.

Question 9

Judge not required to refuse warrant because Police have not exhausted every conceivable alternative:

R v McGinty

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Answer 9

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 hadn’t exhausted every conceivable alternative technique of investigation.

Question 10

Criteria for a surveillance device warrant:

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Answer 10

S51, S&S Act 2012

i) RGTS an offence has been, is being, 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) RGTB the proposed use of the surveillance device will obtain EM in respect of the offence; and

The restrictions in S45 do not prevent the issuing of a SDW in the circumstances.

Question 11

Protection of CHIS identity and information:

R v McGinty

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Answer 11

Disclosure of the identity of alleged informants was not required under the act, and the trial Judge was correct in deleting from the application parts that were likely to lead to their identification. However, the trial Judge was entitled to insist on disclosure if he saw fit.

Question 12

In relation to telephone investigations; the first 24 hours is the most important.

The following activities should be undertaken by the telephone investigator during the first 24hrs:

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Answer 12

1. Trapping/preloading phone data
2. Establish working relationship with TSP and find one person to deal with the enquiry
3. Draft a Production Order application early
4. No search warrant required for Emergency situations
5. Prove phone ownership

Question 13

How long are warrants issued for?

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Answer 13

Up to 60 days, but a Judge may issue a further SDW in respect of the same suspected offence.

Question 14

What are the reporting requirements for surveillance device warrants?

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Answer 14

Under S59 SASA 2012, a written report to the issuing Judge is required within one month after the expiry of the period for which the warrant is in force.

Question 15

What is done with irrelevant information gained?

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Answer 15

Must be destroyed as soon as practicable. Commissioner of Police is responsible for ensuring this is done.

Question 16

Informant - Definition

Answer 16

A person who has supplied, gratuitously or for reward, info to Police concerning the possible or actual commission of an offence in circumstances which they have a reasonable expectation their identity will not be disclosed and will not be called as a witness.