Purpose of the Act

Question 1

What is the purpose of the Search and Surveillance act?

Answer 1

Section 5 States the purpose of the act is to facilitate the monitoring of compliance with the law and the investigation and prosecution of offences in a manner that is consistent with human rights values by:

• Modernising the law of search, seizure and surveillance to take into account advances in technologies and to regulate the use of those technologies
• Providing rules that recognise the importance of the right and entitlements in other enactments
• Ensuring investigative tools are effective and adequate for law enforcement needs.

Question 2

How do you comply with the Search and Surveillance act?

Answer 2

To meet its objectives and obligations when carrying out entries, searches, inspections, productions, examinations, seizures, roadblocks and stopping vehicles, POLICE WILL

• Ensure it has lawful authority to conduct such activities to conduct and exercise any other incidental power in relation to those activities, including the use of force.
• Conduct risk assessments when planning the exercise f those powers and take action to mitigate risks to protect the safety of the public and employees carrying our the Act’s powers
• Provide appropriate announcements and identification in the exercise of those powers.
• Satisfy requirements detailed in the act (e.g., notice and inventory requirements after search or seizure)