Progress Test 4 DDP

Question 1

1. What is meant by the term ‘private communication’?

Answer 1

Private communication-
(a) means a communication (whether in oral or written form, or in the form of a telecommunication, or otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication; but
(b) does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so

Question 2

2. Of what does the judge need to be satisfied before granting you a surveillance device warrant?

Answer 2

The conditions for issuing a surveillance device warrant are that–
(a) there are reasonable grounds—
(i) to suspect that an offence has been committed, or is being committed, 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) to believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence; and;
(b) the restrictions in section 45 do not prevent the issuing of a surveillance device warrant in the circumstances.

Question 3

3. What has been held by the courts in relation to the protection of informers and owners/occupiers of premises used for surveillance?

Answer 3

R v Rankine [1986] 2 All ER 566
“It is in the public interest that nothing should be done to discourage members of the public from coming forward to provide information to the Police. The reasons which give rise to the rule that an informer is not to be identified, apply with equal force to the identification of the owner or occupier of the premises used for surveillance and to the identification of the premises themselves”.

Question 4

4. List four key activities the telephone investigator should undertake in the first 24 hours of a major operation.

Answer 4

Four key activities the telephone investigator should undertake in the first 24 hours of a major operation are:
* Trapping’ or ‘pre loading’ phone data
* TSP Liaison
* Draft a production order application early