Situation of emergency or urgency Flashcards
Two key ingredients exists for any situations to be recognised as one of emergency or urgency?
- Ingredient - Entitled to apply
Means - You would be entitled to apply to make an application for a surveillance device warrant as the situation is one of serious criminal activity. - Ingredient - Impractical in the circumstances.
Means- You need to use a device urgently as it is not immediately practicable to obtain a surveillance device warrant.
Surveillance without warrant in situations of emergency or urgency is permitted only where the above circumstances apply and the suspected offence has been, is being, or is about to be committed and is:
- Punishable by 14 yrs imprionment, and
- You believe that use of the surveillance device would obtain evidential material to the offence. - Am Arms Act 1983 offence
- or a person by reason of their physical or mental condition (however caused) is incapable of having proper control of the arms, or may kill or cause bodily injury to any person.
- or that under the domestic Violence Act 1995 a protection order or a PSO is in force against any person.
- or there are grounds to make an application against him or her for a protection order.
3.A drug offence. or
- There is a situation which is:
- Likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing.
- -Presenting presenting risk to life and safety and surveillance is necessary as an emergency response. s14.
How long can s48 Surveillance Device without warrant in an emergency situation apply for?
Not exceeding 48 hours.
What is required when invoking s48 Surveillance Device without warrant in an emergency situation and it is intended to go past the maximum time limit?
An application for a surveillance device warrant must still be made if the surveillance might continue beyond the period within which is practicable to obtain a warrant.
What is the purpose of the time limit for s48?
The warrantless period allows police flexibility to act. The time restriction that applies before a warrant application must be made ensures proper oversight and reporting is maintained.
Who should approve the use of s48 powers and what are the exceptions?
Approval to use an interception device in an emergency situations should be obtained form a detective Inspector unless:
- The immediacy of the situation does not allow for prior planning and approval from a DI in consultation with legal services, and
- Statutory criteria is met, and
- A opportunity to obtain evidential material that would otherwise be lost if not taken at the time.
What are the reporting requirements for using s48?
Report on use of surveillance device in situation of urgency or emergency.
When a warrantless surveillance power is exercised, the enforcement officer must provide notification (report in the S+S system) to a judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.
How long can a surveillance device warrant be issued for?
A surveillance device warrant may be issued for a period of no more than 60 days after the date which the warrant is issued, and is in force for that period.
There is no warrant renewal procedure under the act. To extend the period of 60 days or the lesser period for which the warrant is valid, a new application for a surveillance is required.
