Situations Of Urgency or Emergency Flashcards
What are the two key ingredients that must exist for any situation to be recognised as one of urgency or emergency?
1. ‘Entitled to apply’:
- You would be entitled to apply to make an application for a surveillance device warrant as the situation is one of serious criminal activity.
2. ‘Impractical 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 in situations of urgency or emergency is permitted only where you are entitled to apply and it is impracticable in the circumstances.
That being the case, when can a SD be used in situations of urgency or emergency?
*RGTS an offence has been, is being, or is about to be committed and is:
*Punishable by 14 yrs imprionment or more; and
- RGTB that use of the surveillance device would obtain evidential material in relation to the offence.
*An A.A offence and RGTB it is necessary to use the SD in order to facilitate seizure of the arms; 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 Family Violence Act 2018 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; and
- *RGTB** it is necessary to use a SD in order to facilitate seizure of the arms.
*A serious drug offence and RGTB that use of the SD is necessary in order to obtain ev. mat. in relation to the 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; or
- Preventing risk to life and safety and surveillance is necessary as an emergency response (S14).
Regarding S48 powers, describe the two S14 situations in which you could carry out surveillance without a SDW
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; or
- Preventing risk to life and safety and surveillance is necessary as an emergency response (S14).
What is the time constraint for the use of a SD in situations of urgency or emergency?
Not exceeding 48 hours.
What is required when invoking S48 and there is a possibility that surveillance might continue past the maximum time limit?
An application for a surveillance device warrant must still be made.
What is the purpose of the time limit for s48?
It 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 situation should be obtained from a DI unless:
- The immediacy of the situation does not allow for prior planning and approval from a DI in consultation with legal services; and
- The statutory criteria is met; and
- An opportunity to obtain evidential material that would otherwise be lost if not taken at the time.
What are the reporting requirements for using S48? (S60)
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 device warrant is required.
