SDW

Question 1

Police V Mcginty

SDW

Answer 1

judge is not required to refuse a surveillance device warrant because police have not exhausted every alternative technique of investigation

Question 2

Section 48 S&S emergency or urgency DO NOT need a SDW

Sec 48(e)

Answer 2

• Reasonable ground to suspect offence is being/about to be committed against the MODA 1975
• believe use of surveillance device would obtain evidential material in relation to the offence

Question 3

Section 48 S&S emergency or urgency DO NOT need a SDW

Sec 48(f)

Answer 3

• reasonable grounds to believe person is in possession of any 1 or moser thing described in 81(2)(a) to (d)
• believe use of surveillance device is necessary to facilitate seizure

Question 4

Define private communication

Answer 4

Parties desires it to be confined to the parties to the communication

Does not include communication that maybe intercepted by some other person without having the express or implied consent of any party to do so

Question 5

For the purposes of electronic investigations which drug dealing offences are covered

Answer 5

Sec 6 MODA

Class A B C controlled drugs and certain offences under psycho active substances act 2013

Question 6

Define evidential material

Answer 6

Evidence of the offence tangible or intangible of relevance to the investigation of the offence

Question 7

What is an interception device

And was is not included as a interception device

Answer 7

Used to intercept or record a private conversation

Not included are hearing aids

Question 8

What is a visual surveillance device

And what is not included as a visual surveillance device

Answer 8

Electronic or mechanical or other device Used to observe and record private activity

Does not include spectacles(glasses) contact lenses anything to correct vision

Question 9

3 types of surveillance devices

Answer 9

Interception device - to hear and record

Tracking device - locate person or thing or find out anything has been handled

Visual surveillance device - observe and record

Question 10

What is a tracking device

And what does it not include

Answer 10

Device used to help with:

(I) Location of a thing or person
(II)whether a thing has been opened or tampered with

Does not include vehicle, boat, helicopter

Question 11

Sec 46 when a SDW is required

Answer 11

A-interception device to intercept private communication (tracking device)
INTERCEPT PRIVATE COMMUNICATION

B- use of tracking device except where tracking device is installed solely for the purpose of whether a thing has been opened tampered with or dealt with and installation does not involve trespass to land or goods
USE OF TRACKING DEVICE

C- observation of private activity in private premises and any recording of that observation by means of a visual surveillance device

D- surveillance device that involves trespass of land or goods

E- observation of private activity in the Curtilage private premises and any recordings of that observation by means of a visual surveillance device and the duration of the observation for the purposes of a single investigation or a connected series of investigations exceeds

3hrs in any 24hr period OR

8hrs in total

(2) section is subject to sec 45

Question 12

What is the duration for the SDW to be used for a single investigation or connected series of investigations

Answer 12

3 hours in any 24hr period

8hrs in total

Eg

You require a warrant if the single investigation or connected series of investigation EXCEEDS

3hrs in any 24hr period

8 hrs in total

Question 13

Sec 47 activities that don’t require a SDW

Answer 13

A- lawfully in private premises and recording what he/ observes or hears without the use of a surveillance device

B-covert audio recording of voluntary oral communication between 2 or more persons made with the consent of at least one of them

C- activities carried out by any other enactment other than this act

Question 14

What are the 2 ingredients must exist for a situation to be recognised as urgent or an emergency

Answer 14

Entitled to apply for a SDW but it is impracticable in the circumstances

Question 15

Section 51 conditions for issuing a SDW:

Answer 15

RGTS an offence has is being or will be committed in respect of this act or any enactment sepcified in 2 of the schedule

RGTB use of surveillance device will obtain information that is evidential material in respect of the offence

Restrictions in sec 45 do not prevent the issuing of a surveillance device warrant in the circumstances

High standard of evidence is required to satisfy the judge which means you will have to disclose in the application certain matters you would normally regard as confidential

Question 16

What is the requirement for using a surveillance device for interception or trespass

Answer 16

Serious offence 7yrs imprisonment or more or against arms act

Question 17

When can intercepted communications be withheld

Answer 17

Disclosure likely to endanger the safety of any person

Disclosure of personal or private info

Disclosure of privileged info

Prejudice to a current investigation and detection of offences

Question 18

Sec 55 How long are SDW issued for

Answer 18

60 days maybe in force

Question 19

What section protects CHIS or informers

Answer 19

Sec 64

Question 20

Who is an informer sec 64

Answer 20

A. Anyone supplied info

B. Not called as a witness for the info given

C. Police working undercover

Question 21

Police v mcginty

Answer 21

Disclosure of the identity of informants not required under the act and trial judge was correct in deleting certain parts that would have been likely to identify the informant

However the trial judge was entitled to insist on disclosure if he saw fit

Question 22

Comparison of s23 s&s and s13A MIsuse of drugs amendment act 1978

Answer 22

Sec 23 - internal searches of people who are under arrest for 6,7,11 MODA 75 and believed to be concealing internally (police only request)

13a - reasonable cause to believe concealing class A or B drug (police and customs NOT ARRESTED)