Must knows Flashcards
Define Evidential Material:
Evidential Material, in relation to an offence or suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence
Define ‘interception device’:
(a) any electronic, mechanical, electromagnetic, optical or electrooptical instrument, apparatus, equipment or other device used or capable of being used to intercept or record private communication but
(b) does not include a hearing aid or similar device used to correct the user to no better than normal hearing
Define a ‘visual surveillance device’:
(a) means any electronic, mechanical, electromagnetic, optical or electrooptical instrument, apparatus, equipment or device used to observe or observe and record private activity but
(b) does not include spectacles, contact lenses or similar device used to correct subnormal vision of the user to no better than normal vision
Define a ‘tracking device’:
(a) a device that can be used to help ascertain, by electronic or other means
(i) the location of a thing or 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
Define private communication:
Private communication occurs in circumstances where they have the right to expect it will not be intercepted or recorded
Define Curtilage:
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’.
Define ‘privilege’:
Privilege allows the holders of particular information to refuse to disclose this information. The information is recognised as ‘privileged’ under SnS Act 2012.
Why use a Search Warrant over a Warrantless search?
- Provides judicial oversight
- It provides greater protection for Police and the public
- Requires reporting and recording results
Why use a PO over a Search Warrant?
A PO is less intrusive and involves less cost than a SW. Although there are compliance costs for POs these costs are usually offset against the avoidance of the disruption that would occur during SW
Who can approve a SW?
Issuing Officer such as
- District judge
- High Court judge
- JOP
- Registrar
- Deputy registrar
- Community Magistrate
What is the difference between RGTB and RGTS?
- RGTB is a sound basis of believing that a situation or circumstance exists
- RGTS is a sound basis of suspecting that a situation or circumstance exists
Explain Section 116
Powers to secure a place, vehicle or other such thing to be searched and exclude any person from there
If search is being impeded or you have RGTB that person would obstruct or hinder your ability to search
When is a SW considered executed?
Once the evidential material on the warrant has been seized or once Police leave the place, vehicle or thing and do not return within 4 hours
Explain Section 117:
Special power when SW pending
- If SW application is about to be made, has been made and you are waiting to hear if it has been authorised
- RGTB EM CADD or removed
- Enter and secure a place, vehicle or thing and
- Secure any items and
- Direct any person to assist with entry and securing
In what 3 circumstances do you have to end Section 117?
- SW has been refused
- SW has been approved and is ready to execute
- 6 hours from the time the power was executed
