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
Explain Section 123:
Seize items in plain view
If you are lawfully searching or lawfully on the property and you see items in plain view that you have RGTB could have been seized during a SW or warrantless search
A Visual Surveillance Device does NOT include what?
Spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision
When do you NOT need a warrant to conduct surveillance using a surveillance device?
- Situations of emergency or urgency (although must be report in an on-line system) and
- Activities that do not require a warrant
What particular beliefs and/or suspicions need you have before applying for a PO?
- Suspect an offence has, is or will be committed
RGTB that the documents sought:
- constitute EM in respect of the offence and
- are in possession or under the control or will come into possession or control of the person or organisation
List the categories of LAWFUL searches:
- Search Warrant
- Warrantless Search
- Consent Search
What factors should you consider when deciding whether or not it’s practical to apply for a SW in the circumstances?
- Is there time to gain approval
- Can the scene be secured
- Is EM at risk?
- Resources available
- The location and who will be there
What does CADD stand for and examples for each
Concealed - Burying
Altered - Removing serial numbers
Damaged - Cutting a part of a car to remove an identifying feature
Destroyed - Consuming food or alcohol
What do you do about entry and satisfying notice requirements regarding a SW when no-one is home?
Use reasonable force to enter a place, vehicle or other thing if you have RGTB no-one is home.
Leave or provide a copy of the SW and inventory list ASAP but must be within 7 days
Outline in detail what AWOCA stands for?
Ask
- ID yourself and ask them to comply
Why
- Give reasons for your actions
Options
- Present options
Confirm
- Confirm that they understand options
Action
- Take action
Explain Section 120
- In fresh pursuit
- RGTB EM is on that person
- Enter any place to apprehend an offender and search the person and vehicle
Bullet point how you would go about mitigating risk when planning for a SW execution?
- Identify
- Assess
- Consider planning
- Planned Action Risk Assessment and CARD prompt
- Review and reassess the identified risks
- Work with other to ID and consider further risks
- Plan how to manage and mitigate
- Determine how to communicate risk management in breifing
Obligations under Section 131
- Identify yourself by name or QID
- Provide evidence of ID if not wearing uniform
- Announce intention to enter and search
- State name of Act
- Give notice by providing a copy of the Search Warrant
- Give BOR
What is a reasonable search?
Complies with Section 21 of BORA and considers factors such as:
- The nature of the search
- How intrusive the search is
- Where and when the search takes place
What is the process to follow if SW is refused?
- Record their reasons for refusing
- Consider the issues raised and redraft
- Resubmit to the same Issuing Officer
If issues outlined can’t be address:
- Make further enquiries to support the application
- Consider continuing the investigation without the search
- If the reasons for denying the SW do not seem justified. submit a report to Legal Services