Situations of Emergency or Urgency Flashcards
Section 48 acknowledges that in certain situations, police may need to act immediately without warrant to use any 1 or more surveillance devices. What “two key ingredients” must exist for any situation to be recognised as one of emergency or urgency?
Entitled to apply AND Impracticable in the circumstances
Define the ingredient “Entitled to apply”
You would be entitled to make an application for a surveillance device warrant as the situation is one of serious criminal activity
Define the ingredient “Impracticable in the circumstances”
You need to use a device urgently as it is not immediately practicable to obtain a surveillance device warrant
Surveillance without warrant is situations of emergency or urgency is permitted ONLY where the ingredients exist and the suspected offence has been, is being, or is about to be committed and is, What?
- Punishable by 14 years imprisonment or more AND
- You BELIEVE that use of the surveillance device would obtain evidential material in relation to the offence
- An 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 police safety order is in force against the person/OR there are grounds to make an application against him or her for a protection order.
- 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
- There is a situation which is presenting risk to life and safety and surveillance is necessary as an emergency response (Section 14)
There are limitations on use of surveillance device without warrant in an emergency situation. In situations of emergency or urgency police must be able to act with immediacy and with adequate tools to be able to fulfil thei duties and obligations under the Policing Act 2008. What is the Warrantless TIME PERIOD for the use of a surveillance device in a situation of emergency or urgency?
A period NOT EXCEEDING 48 HOURS. An application for a surveillance device warrant must still be made if the surveillance might continue beyond the period within which it is practicable to do so.
What are the benefits of this “Warrantless Period”?
The warrantless period allows police flexibility to ACT. The time restriction that applies before a warrant a warrant application must be made ensures proper oversight and reporting is maintained
Who can give approval to use an interception device in an emergency situation?
Approval to use an interception device in an emergency situation should be obtained from a Detective Inspector.
What are the “exceptions” to gaining approval from a Detective Inspector to use an interception device in an emergency situation?
- The immediacy of the situation does not allow for prior planning and approval from a Detective Inspector in consultation with Legal Services AND
- Statutory criteria is met AND
- An opportunity arises to obtain evidential material that would otherwise be lost if not taken at the time.
What is Section 60
Report on use of surveillance device in situation of urgency or emergency.
Describe obligations outlined in Section 60
When a warrantless surveillance power is exercised the enforcement officer MUST provide a notification (Report in the Search and Surveillance system) to a Judge within 1 Month after the date of the last day of any period of 48 hours or less over the which the surveillance device was used
What is the period of surveillance device warrant is limited?
A surveillance device warrant may be issued for a period of no more than 60 days after the date on which the warrant was issued and is in force for that period.
What is the warrant renewal procedure?
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 surveillance device warrant will be required.
What is the process for applying for a surveillance device warrant?
Refer to the Police Manuel on Surveillance for information the procedure to be used for gaining approval for the use of a surveillance device warrant and the process to be used for a warrant.
