SITUATIONS OF EMERGENCY OR URGENCY

Question 1

What is Section 48

Answer 1

A surveillance device may not need to be obtained in some situation of emergency or urgency. Some situations may require Police to act immediately without a warrant to use a surveillance device.

Question 2

What are two ingredients exist to recognise it is an emergency or urgency:

Answer 2

• Entitled to apply - Entitled to make an application for a situation that is one of serious criminal activity
• Impracticable in the circumstances – Need to use a device urgently as it is not practicable to obtain a warrant

Question 3

In Section 48 what circumstances apply to where a suspected offence has been, is being or is about to be committed is:

Answer 3

• Offence punishable by a 14 year term or more
• Believe use of a surveillance device would obtain evidential material relating to the offence
• A specific offence against the Arms Act
• A drug offence or
There is a situation which is:
• Likely to cause serious property loss/damage and a device is necessary to prevent further offending
• Risk to life and safety and device is necessary as an emergency response

Question 4

What are the time Time constraints to section 48

Answer 4

The warrantless period for the use of a surveillance device in an emergency and urgency is a period not exceeding 48 hours.
An application for a surveillance device must still be made if it continues beyond the period within which it is practicable to obtain a warrant.

Question 5

Approval should be obtained by

Answer 5

By an Detective Inspector unless

• The immediacy of the situation does not allow for prior approval by a D/Inspector or consultation
• Statutory criteria is met
• An opportunity arises to obtain evidential material that would otherwise be lost if not taken at the time.