Safety and Search Warrant Briefing

Question 1

– Risk assessments must be on going and in preparing a search warrant execution, what MUST you do?

Answer 1

• Review and re-assess the identified risks
• Work with others to identify and consider any further risks
• Plan how to manage and minimise any identified risks
• Determine how risk management will be communicated in your search warrant briefing

Question 2

– When you execute a warrant you are obliged to provide a copy of the search warrant and an inventory of any items to seized to the occupier under section 131. Under what circumstances would you apply to a judge to postpone your obligations to provide a copy of the search warrant?

Answer 2

• Endanger the safety of any person OR

- Prejudice on-going investigations

Question 3

Under what section would you apply to postpone your obligations under Section 131?

Answer 3

Section 134

Question 4

When is an application made under Section 134 to postpone obligations under Section 131? And how should it be presented?

Answer 4

• Presented to the judge
• At the time of the search warrant application OR
• Before 7 days has passed after the search warrant execution

Question 5

How long can a judge postpone the obligations, under Section 134?

Answer 5

– A judge can postpone these obligations for a period not exceeding 12 months. This would apply to a long-term investigation.

Question 6

What is the primary concern when executing a search warrant?

Answer 6

The safety of staff and of any other people present at the target

Question 7

When may you be required to use reasonable force when executing a search warrant?

Answer 7

• Enter the place, vehicle, or other thing (Section 131)
• Search (0n property only) and Seize (Section 110)
• Carry out search of a person (Section 125)
• (Remember to use AWOCA and TENR as required)

Question 8

Search warrant briefing follow GSMEAC. What is GSMEAC?

Answer 8

• GROUND, Location to be searched/address/neighbours
• SITUATION, Reason for seeing the search warrant/background on any suspects(s)
• MISSION, Address/suspects(s)/Specific evidential material sought
• EXECUTION, Timings/method of entry/roles i.e., OC Scene etc/managing suspects/searching for evidential material/recording evidential material/assisting vulnerable people/sequence of events/managing risks and ensuring safety
• ADMINISTRATION and LOGISTICS, travel to and from the place to be searched under warrant/timing of the search warrant execution/recording of evidential material seized
• COMMAND and SIGNALS, Cell phone numbers and radio channels/before executing the search warrant/during the execution of the search warrant/debrief

Question 9

The person in charge of the Search warrant briefing should ensure what?

Answer 9

• Ensure all required staff are present
• Reinforce verbal information given with visual prompts
• Use maps, charts, diagrams, photographs
• Provide all copies of all important documents
• Ensure all staff present are clear about their roles and responsibilities
• Identify and advise staff of what they can record in their notebooks during the briefing as all entries may be disclosable
• Clearly identify all risks and how to mitigate them
• Identify any issues relating to sensitive or source (CHIS) related information