Misc 3 - Pg 51 -

Question 1

Two options with controlled deliveries, what are they?

Answer 1

Option 1
A “clean controlled delivery”, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment and
reduces the risk of alarming the targets who may have arranged counter- surveillance. However, at the termination of the operation only “importation”
and/or “conspiracy” charges are likely to be filed on those apprehended.

Option 2
Leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides
the availability of emergency powers should the drugs move to persons or places that are not covered by search warrants. The remainder of the drugs are substituted. Consequently any consignment with drugs still in it requires greater security, and recovery on termination is paramount.

Question 2

1. Describe the two different types of controlled deliveries?

Answer 2

There are two options with controlled deliveries. One is a “clean controlled delivery”, where no drugs are left within the consignment. This eliminates any risk of the drugs being lost but also gives greater freedom in organising the surveillance of the consignment and reduces the risk of alarming the targets who may have arranged counter-surveillance. However, at the termination of the operation only “importation” and/or “conspiracy” charges are likely to be filed for those apprehended.

The second option is to leave an amount of the drug within the consignment to enable the option of charging an offender with a “possession for supply” charge and also provides the availability of emergency powers should the drugs move to people or places that are not covered by search warrants. The remainder of the drugs are substituted.

Question 3

2. Name the two main types of tracking devices?

Answer 3

The two main forms of tracking devices are Beacon and GPS.

Question 4

3. You are part of a controlled delivery investigation that has installed a tracking device without a surveillance device warrant (SDW), what is the time period in which it either needs to be removed or a SDW (tracking device) should be obtained?

Answer 4

48 hours.

Question 5

4. You have arrested a local methamphetamine manufacturer who is in possession of 30 kilos of substance pseudoephedrine. What schedule of the Misuse of Drugs Act 1975 would you find pseudoephedrine?

Answer 5

Pseudoephedrine is found in Part 2 of Schedule 2 of this act (as it is re-classified as a Class B Controlled Drug).

Question 6

5. You are part of a controlled delivery investigation. The targets have left with the consignment in the boot of a vehicle. It is not practicable to obtain a search warrant for the vehicle. You have been directed to stop and search the vehicle. Explain what power(s) you can use to stop and search this vehicle?

Answer 6

As it is impracticable to obtain a search warrant for the vehicle you can stop the vehicle pursuant to section 121 of the Search and Surveillance Act 2012, to exercise a power of search.

You can then search the vehicle for evidential material relating to the controlled delivery under section 81 of the Search and Surveillance Act 2012. You should record all decisions around stopping the vehicle in your notebook.