Search Warrants - Safety and Briefings Flashcards
Risk assessment must be on-going and in preparing a SW execution plan you must:
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 SW briefing.
Application to postpone compliance with notice obligations
If providing a copy of the SW or inventory would:
Endanger the safety of any person, or
Prejudice on-going investigations
You may apply to a judge to postpone your obligation to provide a copy of the SW.
Under what section is an application to postpone made?
S134
When should an application to the judge be made?
At the time of the SW application, or
Before 7 days has passed after the SW execution.
Under S134 how a long a can a judge postpone the obligations?
For a period not exceeding 12 months. This would apply to a long term investigation
When executing a search warrant, you may use reasonable force to do what?
Enter the place, vehicle or other thing (S131)
Search (on property only ) and seize (S110)
Carry out a search of a person (S125)
What should the person in charge of the SW briefing do?
Ensure all required staff are present
Reinforce verbal information given with visual prompts
Use maps, charts, diagrams, photographs
Provide 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
The briefer should…
also clearly identify all risks and how to mitigate them. The briefer should also identify any issues relating to sensitive or source(CHIS) related information.
The briefer should…
also clearly identify all risks and how to mitigate them. The briefer should also identify any issues relating to sensitive or source(CHIS) related information.
