Search & Surveillance Act 2012 Flashcards
Explain Section 15
Entry without warrant to find and avoid loss of evidential material relating to certain offences
Entry without warrant to find and avoid loss of evidential material relating to certain offences
Section 15
A constable may ENTER and SEARCH a place WITHOUT a warrant if he or she has reasonable grounds—
(a) to suspect that an OFFENCE punishable by imprisonment for a term of 14 years or more HAS BEEN, BEING, or is ABOUT TO be committed; and
(b) RGTB—
(i) that EVIDENTIAL MATERIAL relating to the offence is in that place; and
(ii) that, if ENTRY IS DELAYED IN ORDER TO OBTAIN A SW, the evidential material will be C.A.D.D (destroyed, concealed, altered, or damaged)
Section 16
Searching PEOPLE in public place without warrant
Searching PEOPLE in PUBLIC PLACE without warrant for evidential material relating to certain offences
A constable may search a person without a warrant in a public place:
- If the constable has RGTB
- That the person is in POSSESSION of
- EVIDENTIAL MATERIAL relating to an offence punishable by imprisonment for a term of 14 years or more
Section 17
Warrantless entry and search of vehicle for evidential material relating to certain offences
Warrantless entry and search of VEHICLE for evidential material relating to certain offences
A constable may, without a warrant, enter and search a vehicle that is in a public place:
- If the constable has RGTB
- EVIDENTIAL MATERIAL relating to an offence punishable by imprisonment for a term of 14 years or more
- Is in or on the vehicle
Section 45
Restrictions on some trespass surveillance and use of interception device
Section 45
Restrictions on some trespass surveillance and use of interception device
(1) Nothing in this subpart authorises any enforcement officer to undertake trespass surveillance (other than by means of a tracking device) except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983
(2) Nothing in this subpart authorises any enforcement officer to use an interception device except in order to obtain evidential material in relation to an offence—
(a) that is punishable by a term of imprisonment of 7 years or more;
(b) against section 44, 45, 50, 51, 54, or 55 of
Section 46
Section 46
Activities for which surveillance device warrant required
(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a SURVEILLANCE DEVICE WARRANT
(a) use of an INTERCEPTION DEVICE to intercept a private communication
(b) use of a TRACKING DEVICE (unless it is to determine whether a thing is being handled and DOES NOT INVOLVE TRESPASS
(c) OBSERVE or RECORD PRIVATE ACTIVITY in private premises, and any recording of that observation, by means of a VISUAL SURVEILLANCE DEVICE
(d) use of a surveillance device that INVOLVES TRESPASS TO LAND OR GOODS
(e) OBSERVE PRIVATE ACTIVITY IN THE CURTILAGE OF PRIVATE PREMISES by means of Visual surveillance device:
- and the observation is for a single investigation or a connected series of investigations
- and the duration of the observation is more than 3 hours in any 24-hour period or 8 hours in total
Section 47
Activities that do not require a warrant
Some activities that do not require warrant under this subpart
(1) No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities:
(a) the enforcement officer—
(i) BEING LAWFULLY in private premises; and
(ii) RECORDING what he or she OBSERVES or HEARS there (provided that the enforcement officer records ONLY THOSE MATTERS that he or she could see or hear without the use of a surveillance device):
(b) COVERT AUDIO RECORDING of a VOLUNTARY oral communication between 2 or more persons made with THE CONSENT OF AT LEAST 1 of them
Section 117
Special powers where application for search warrant pending
If an application for a warrant is ABOUT to be made or HAS been made and has not been GRANTED or REFUSED by an issuing officer, an officer present at the place or vehicle may;
- ENTER and SECURE the place, vehicle or thing
- SECURE any item found at the place, vehicle or thing
- DIRECT any person to assist with the entry and securing the place, vehicle or thing or the securing of items.
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Officer must have: - RGTB
- Evidence may be C.A.R.D.D (destroyed, concealed, altered, damaged, or removed) before a decision to grant or refuse the SW
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Powers may be exercised until: - 6 hours from when the power is first exercised
- The WARRANT IS AVAILABLE for execution at the place, vehicle or thing
- The application for a warrant is REFUSED
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Officer must, on request: - ID themselves by name or unique identifier
- State, name of the enactment and the reason for the search,unless it is impracticable to do so.
- If not in uniform, produce evidence of their ID
Section 123
Seizure of items in plain view
Seizure of items in plain view
(1) This section applies to an enforcement officer who, as part of his or her duties,—
(a) EXERCISES A SEARCH POWER or
(b) is LAWFULLY in any place or in or on a vehicle; or
(c) is conducting a LAWFUL SEARCH of a person.
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May seize any item they find in the course the search or their observations if they have:
RGTB they could have seized the item under
- Any search Warrant
- Any other search power.
Definitions
- Surveillance Device
- Interception Device
SURVEILLANCE DEVICE
Means a device that is any 1 or more of the following kind of devices:
(a) An interception device
(b) A tracking device
(c) A visual surveillance device
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INTERCEPTION DEVICE
Means any device capable of being used to intercept or record a private communication but does not include a hearing aid or similar
Definitions
- Private Activity
- Private Communication
PRIVATE ACTIVITY
Means activity that 1 or more participants reasonably expect is not observed or recorded by anyone except the participants.
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PRIVATE COMMUNICATION
1. Means a communication made in circumstances indicating that parties to the communication desires it to be CONFINED TO THEMSELVES.
2. Does not include a communication which a party could REASONABLY EXPECT may be intercepted by someone without consent.
Definitions
- Tracking Device
- Trespass Surveillance
- Visual Surveillance Device
- Curtilage
TRACKING DEVICE
A Device that may be used to ascertain:
1. The location of a thing or a person
2. Whether something has been opened, tampered with or dealt with
3. Doesn’t include a vehicle or other means of transport
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TRESPASS SURVEILLANCE
Surveillance that involves trespass to land or goods
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VISUAL SURVEILLANCE DEVICE
Means any device used or capable of being used to observe or record a private activity. Does not include:
Spectacles, lenses or similar device
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CURTILAGE
Land IMMEDIATELY SURROUNDING a house or dwelling, including any closely associated buildings or structures but excluding any associated ‘open fields beyond’. It defines the boundary within which a home owner can have reasonable expectation of privacy and where ‘common home activities’ take place.
What does a Surveillance Device Warrant allow?
A Surveillance Device Warrant allows you to OBTAIN EVIDENCE about a SUSPECTED OFFENCE if you have reasonable grounds to:
- SUSPECT that an offence has been committed, or being committed or will be committed AND
- BELIEVE that using a surveillance device will obtain evidential material in respect of the offence
