Interception Devices

Question 1

Interception Devices are used to?

Answer 1

Intercept private communications and are only used to prevent major offending. Must have SDW.

Question 2

The search and surveillance act 2012 sets out the law in relation to “surveillance” this includes acts such as?

Answer 2

Observing and any recording of that observation or people, vehicles, places and things

Ascertaining (tracking) the location of a thing or person and or whether a thing has been tampered with

Intercepting a private communication through the used of a surveillance device.

Question 3

A surveillance device is a visual, tracking or interception device that assists and enhances you normal capabilities such as ..

Answer 3

Visual device assists to observe and record

Interception device assists you to hear and record

Tracking device assists you to locate a person or thing or if a thing has been handled

Question 4

Is surveillance lawful if it involves trespass?

(That is unauthorised entry to private land or unauthorised handling of goods).

Answer 4

No, you must get a surveillance device warrant (SDW)

Question 5

Where trespass surveillance is involved the legislation restricts the use if a visual surveillance device to obtaining evidential material for serious offences only, for this purpose what is considered a serious offence?

Answer 5

7 years imprisonment or more or against certain sections of the Arms Act.

Required SDW

Question 6

Section 46 S& S 2012?

Answer 6

Activities for which surveillance device warrant required
(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

Question 7

Activities that do not require a SDW under section 47 are?

Answer 7

• being lawfully on private premises and recording what he or she observes or hears there (provided its without a surveillance device)
• covert audio recording of a voluntary oral communication between 2 or more persons made with consent of atleast 1 of them.

-

Question 8

S&S 2012 restricts the use of an interception device to intercept private communications to obtaining evidential material for serious offences only. What are these offences?

Answer 8

Offences 7 years imprisonment or more
Certain Arms Act 1983 offences

Question 9

What is a voluntary oral communication?

Answer 9

Communication between one or more persons where at least one part in the communication gives their consent for the communication to be recorded. D not need SDW for this.

Question 10

Under section 48 S&S surveillance without warrant in situations of emergency is permitted only where the offence is:

Answer 10

Punishable by 14 years imprisonment or more
An Arms Act 1983 offence
A drug offence
Likely to cause injury or serious property loss/damage
Presenting risk to life and safety and surveillance is necessary as an emergency response

Question 11

How long can a surveillance device be used without warrant?

Answer 11

No more than 48 hours. Must apply for warrant immediatley

Question 12

CL R v McGinty

Answer 12

The evidence in the present case of continued heroin dealing, in response of which the orthodox techniques such as searching premises and following vehicles has 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.

Question 13

Section 57 S &S 2012?

Answer 13

Section 57 states that evidential material obtained as a result of a surveillance device warrant in relation to an officer that is not the offence for which the warrant was issued ma nevertheless be admissible.

Question 14

Section 51 relates to the criteria for issuing a surveillance device warrant. What is the criteria?

Answer 14

There are reasonable grounds to suspect an offence has been/is being/ will be committed

Believe that the proposed use of the surveillance device will obtain information that is EM in respect of the offence.

Note - A high standard of evidence is required to satisfy the judge which means you will have to disclose information that you would normally regards as confidential.

Question 15

Are you required by law to name you CHIS?

Answer 15

No

Question 16

R v McGinty 2

Answer 16

Disclosure of the identity of alleged informant was not required under the Act and the trial Judge was correct in deleting it from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitle to insist on disclosure if he saw fit.

Question 17

Section 64 of the Evidence Act is in relation to?

Answer 17

Informers.

An informer has a privilege in response of information that would disclose or is likely to disclose the informers ID.
An informer may be a member of the police working undercover.

Question 18

If an informer is an undercover officer he or she may have their identity protected under what act and sections?

Answer 18

Evidence Act, sections 108 and 109

Question 19

Section 49 of S&S 2012 states that an application for a surveillance device warrant must be made by and enforcement office and must contain certain particulars what are these?

Answer 19

Application for surveillance device warrant
(1) An application for a surveillance device warrant may be made only by an enforcement officer, and must contain, in reasonable detail, the following particulars:
(a) the name of the applicant:
(b) the provision authorising the making of an application for a search warrant in respect of the suspected offence:
(c) the grounds on which the application is made:
(d) the suspected offence in relation to which the surveillance device warrant is sought:
(e) the type of surveillance device to be used:
(f) the name, address, or other description of the person, place, vehicle, or other thing that is the object of the proposed surveillance:
(g) a description of the evidential material believed to be able to be obtained by use of the surveillance device:
(h) the period for which the warrant is sought

Question 20

Section 59 of S&S set a requirement on the person who carries out the activities by a surveillance device warrant to provide a written report to the issuing judge within how long?

Answer 20

1 month after the expiry of the period for which the warrant is in force.

Question 21

Section 61 S& S relates to what?

Answer 21

The actions a Judge may take on receipt of a surveillance device warrant reports and includes giving directions on the destruction or retention of the material obtained as a result of teh SDW and report on any breach of conditions.

You must also provide a report to a Judge in relation to the use of surveillance device in emergency situations.

Question 22

Section 63 S &S 2012?

Answer 22

Retention of surveillance, prescribes the length of time for which surveillance data may be retained.

Question 23

Section 64 of S&S 2012?

Answer 23

Disposal of surveillance data.

A law enforcement agency must ensure that any raw surveillance dada, excerpts from raw surveillance data and information obtained from it that is not itself raw surveillance data that is not retained in accordance with section 63 or as part of a court record is deleted or erased.

Question 24

Who must a Surveillance Device Warrant application be made by?

Answer 24

An enforcement officer this is defined in the S&S act to include constables.

Question 25

Under section 56 of the S&S 2012 a surveillance device warrant may be carried out by who?

Answer 25

Any or all of the persons who it is directed.

Any assistant
1 - who is called upon by a person specified to help him or her to carry out the activities and
2 - Who at all times that he or she is carrying out activities authorised by the warrant, remains under the supervision of a person specified in the warrant