Search & Surveillance Act 2012 Flashcards
S & S 2012 - Section 7
Entry without warrant to arrest person Unlawfully at large
RGTS person is Unlawfully at large; and
RGTB that person is in that place or vehicle
May enter place or vehicle to search for and arrest person
S & S 2012 - section 8
Entry without warrant to avoid loss of offender or EM
RGTS person has committed offence punishable by imprisonment for which they may be arrested without warrant; AND
RGTB that person is in that place or vehicle; AND
RGTB that if entry is not effected immediately, either or both,
- person will leave place or vehicle to avoid arrest
- EM relating to offence for which the person is to be arrested will CADD
You may enter that place or vehicle without warrant
And
Search for and arrest that person you suspect has committed the offence
S & S 2012 - Section 9
Stopping a vehicle to find person unlawfully at large or who have committed certain offences (imprisonment)
If you have RGTS a person is Unlawfully at large OR has committed an offence punishable by imprisonment
AND
You have RGTB that person is in or on vehicle
You may stop vehicle without warrant to arrest that person
S & S 2012- Section 20
Drugs - warrantless search of places and vehicles in relation to MODA 1975.
RGTB that in or on a place or vehicle there is:
- a controlled drug or precursor substance
and
- you RGTB ots not practicable to obtain a warrant
and
- RGTS that in or on that place it vehicle an offence against MODA
Has, is being, or is about to be committed
and
You have RGTB if entry and search is is not carried out immediately EM will be CADD
You may: enter and search that place or vehicle without warrant
S & S 2012 - Section 18 - Arms
Warrantless search associated with arms
RGTS a person who is carrying arms, or is in possession or or has them under their control;
And
The person is in breach of Arms Act 1983
Or
The person? By reason of their physical or mental condition; is incapable of having proper control or may kill or cause bodily injury to any person
Or
A protection order is in place
Or
There are grounds to make a protection order application
Or
A PSO is in force
You may do any or all:
1. Search the person
2. Search anything in their possession or under their control (inc vehicle)
3. Enter a place or vehicle to search:
The person
Anything in the persons possession or under their control (inc vehicle)
4. Seize and detain any arms found
5. Seize and detain the persons firearms licence
S & S 2012 - Section 18(3) - Arms
RGTS there are Arms in a place or vehicle; and
A cat 3 or 4 offence or offence against Arms Act 1983:
- has been committed or
- is being committed or
- is about to be committed
Or
Arms may be EM relating to a cat 3 or 4 offence or against Arms Act
You may without warrant
- enter the place or vehicle and search it
- seize and detain any arms or firearms licences found
S & S 2012 - Section 15 - Serious offences
Entry without warrant to find and avoid loss of EM
RGTS an offence punishable by imprisonment for a term of 14 years or more:
Has, is being, or is about to be committed
And you have RGTB
- EM relating to that offence is in a place
And
- if entry is delayed to obtain a SW the EM will be CADD
You may:
- enter and search that place without warrant
(Includes vehicle AT that place)
S & S 2012 - Section 16 - serious offences
Searching people in public place for EM relating to certain offences
If a person is in a p.p and you RGTB:
- the person is in possession of EM relating to offence punishable by imprisonment for a term of 14 years or more
You may:
- search the person without warrant
S & S 2012 - Section 17 - serious offences
Warrantless entry and search of a vehicle for EM relating to certain offences
If a vehicle is in a p.p and you have RGTB:
- EM relating to an offence punishable by imprisonment for a term of 14 years or more is in or on the vehicle
You may:
- enter and search the vehicle without warrant
S & S 2012 - section 21
If you conduct a vehicle or place search under s. 20 (MODA) you may:
Search any person found in or on the place or vehicle without warrant
S & S 2012 - s 117
If a SW application is about to or is being made:
and
The application has not been granted or refused
And
You RGTB CADD will happen before the SW is issued
You may:
Enter and secure the place, vehicle or other thing
And
Secure any item or items found
And
Direct any person to assist with the entry and securing of the place or vehicle or other thing or securing of items
Can only exercise this power until first of following happens:
- expiry of 6 hours after power first exercised
- SW is available for execution at that place
- application is refused
S & S 2012 - s 116
(1) Securing a place, vehicle or other thing to be searched
(a) the person carrying out the search may secure the place, vehicle, other thing or anything found there
(b) exclude any person or give any other person any reasonable direction if they RGTB they will obstruct or hinder the exercise of any power
(2) must on request:
(a) identify themselves
(b) state reason and act
(c) provide ID if not in uniform
S & S 2012 - s45 - trespass surveillance
(1) Cannot under take trespass surveillance unless to obtain EM in relation to
- offence punishable by imprisonment of 7 years or more
- against s 44, 45, 50, 51, 54, 55 Atms Acr 1983
(2) can only use interception device to obtain EM in relation to:
- offence punishable by imprisonment of 7 years or more
- against s 44, 45, 50, 51, 54, 55 Atms Acr 1983
S & S 2012 - s46 - SDW
Activities where a SDW is required:
(1) except in s47 and 48 an Enforcement officer who wishes to undertake 1 or more of:
(a) use of inception device to intercept a private communication
(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods
(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device
(d) use of surveillance device that involves trespass to land or trespass to goods
(e) observation of pritave activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is 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:
(i) 3 hours in any 24 hour period
(ii) 8 hours in total
(2) this section is subject to s45
S & S 2012 - s47 - activities that do not require warrant
(1) no warrant is required when
(a) the enforcement officer
(i) lawfully in a private premises
(ii) recording what he or she observes or hears there (provided that the records are only seen or heard without the use of a surveillance device)
(b) covert audio recording of a voluntary oral communication between 2 or more people made with the consent of at least 1
(c)
(d)
(2)
