Search And Surveillance 3

Question 1

Surveillance:

Answer 1

Everyone has a right to privacy in home, right to refuse entry, right to expect privacy to conduct lawful private activity.

Act restricts surveillance activity where individuals ought to reasonably expect privacy.

Question 3

What is surveillance?

Answer 3

Planned and directed activity, overt or covert for:

• observing and recording of People, PVT
• ascertain - location of thing or person, if it’s been tampered or interfered with.
• intercepting private communications

Question 4

Surveillance risk assessment, risk must be:

3 points

Answer 4

Identified
Assessed
Considered in planning

Question 5

What is a surveillance device

Kinds of devices
ITV

Answer 5

Device which assists and enhances normal capabilities to carry surveillance.

Interception
Visual
Tracking

Question 6

Visual Surveillance Device

Answer 6

Any
Electronical
Mechanical
Electromagnetic 
Electro-optical 
Apparatus 
Equipment or other device

Used to observe and record private activity.

Does not include spectacles, contacts or anything to correct subnormal vision to no better then normal

Question 7

Section 46- activities for which surveillance device warrant required

(C)

Answer 7

Observation and recording of private activity in private premises by VSD

Question 8

Surveillance is unlawful if

Answer 8

If it involves trespass which is unauthorised entry onto private land or unauthorised handling of goods

Unless authorised by SDW

Question 9

Private Premises:

Answer 9

Private dwelling house
Marie
Other premises not defined as non-private.

Question 10

Non-private premises

Answer 10

Premises, or part of premises which public are frequently permitted to access.

Include hospitals, bus station, airport, shop.

Some parts within remain private.

Question 11

Private Activity:

Answer 11

Fundamental human right.

Participant can reasonably expect the activity is private if carried out in private premises

Question 12

Private Communication

Answer 12

Means communication (oral, written, telecommunication, other) made under circumstances that indicate any party desires it to be confined to the parties to the communication.

Person can reasonably expect communication to be private, when interfered or intercepted- SDW required

Question 13

Private communication doesn’t include

Answer 13

Communication occurring in circumstances in which any party ought reasonably expect that the communication may be intercepted by some other person without express or implied consent of any party.

Question 14

Trespass Surveillance means

Answer 14

Surveillance involves trespass onto land or goods

Occurs the moment officer steps onto private property without consent

If no consent to enter private property- you are trespassing

Question 15

Restrictions on use of Surveillance Device

Answer 15

Any warrant application to use VSD for trespass surveillance only authorised for serious offence
7years or more imprisonment.

Question 16

Section 46- activities for which surveillance device warrant required

(d)

Answer 16

Use or surveillance device that involves trespass onto private property.

Question 17

What is curtilage

Answer 17

Land immediately surrounding a house or dwelling, including closely associated buildings and structures.

Defines boundaries which home owner can reasonably expect privacy where common daily activities take place

Activities that don’t require a warrant cover the use of VSD within curtilage of private , restricted to time limitation.

Question 18

Section 46- activities for which surveillance device warrant required

(e)

Answer 18

Observation and recording in the curtilage of private premises by VSD if duration exceeds

3 hours in a 24 hour period
8 hours in total

Question 19

If lawfully on private premises can carry out unaided:

Answer 19

Observation
Hearing
Smell

Can record by audio or visual device provided it doesn’t enhance ability to observe or here

Question 20

Interception includes:

Answer 20

Hear, listen, record, monitor acquire or receive communication either:

When it’s taking place
While it’s in transit

Question 21

Interception Device

Answer 21

Any
Electronical
Mechanical
Electromagnetic 
Electro-optical 
Apparatus 
Equipment or other device

Used to intercept or record private communication.

Does not include hearing aid or similar to correct subnormal to to better then normal.

Question 22

Section 46- activities for which surveillance device warrant required

(a)

Answer 22

Use of interception device to intercept private communication.

Question 23

Limitations is interception device

Answer 23

Offence 7+ years
Arms offence
Psychoactive substance act

Question 24

Section 47- voluntary oral communication.

Answer 24

Between one or more persons where at least one party gives consent for communication to be recorded.

No need to obtain SDW

Question 25

Tracking device

Answer 25

Decide, used to help ascertain by electronic or other means

• location
• whether thing has been opened, tampered with, or dealt with

Does not include a vehicle, helicopter.

Question 26

Section 46- activities for which surveillance device warrant required

(b)

Answer 26

Use of tracking device,

except where device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with and

Installation doesn’t involves trespass.

Question 27

Section 48- emergency or urgency where SDW may no be obtained.

Satisfy 2 ingredients, suspect offence has, is, or will and:

6 main points

Answer 27

-14+ years offence
-believe SDW will obtain EM of offence
-arms act offence
Person incapable of control of arms may kill or cause GBH, domestic violence act, protection order grounds
-a drug offence

Situation which

• likely to cause injury or serious property damage, and surveillance is necessary to prevent offending
• presenting risk to life and safety and surveillance is necessary.

Question 28

Two key ingredients for situation to be recognized as emergency or urgency

Answer 28

Entitled to apply- entitled to apply for SDW as situation is one of serious crime activity.

Impracticable in the circumstances- you need to use device urgently as it’s not immediately practicable to obtain a SDW.

Question 29

Time constraints/limitations emergency surveillance powers

Answer 29

-Mustn’t exceed 48 hours
-application must still be made for SDW if surveillance will continue for period where practical to make application.
-approval should be obtained by DI in consultation with legal, unless
—— situation doesn’t allow it
——- statutory criteria is met
——- opportunity arises to obtain evidential material that will be lost.

Question 30

Period for SDW

Answer 30

No more then 60 days.

New application must be made to amend, or extend.

Question 31

Section 60- requirement to report emergency surveillance power.

Answer 31

Must provide notification to a judge within 1 month after the date of last day of any period of 48 hours surveillance drive was used.