SnS 2012

Question 1

Define S15

Answer 1

Enter and search place if RGTS offence punishable by 14 years or more has/is/going to be committed and RGTB evidential material is inside the place and CADD will occur if entry is delayed.

Question 2

Define S16

Answer 2

Search person in publis place if RGTB person is in possession of evidential material relating to 14+ offence

Question 3

Define s17

Answer 3

Enter and search vehicle in public place if RGTB evidential material relating to 14+ offence is in the vehicle

Question 4

Define S112

Answer 4

While executing a search power if a person is uncertain of the status of an item they can seize it to examine or analyse the item to determine whether it can be lawfully seized.

Question 5

Define S117

Answer 5

If a application for a search warrant is to be made for a place or vehicle and yet to be granted or refused, an officer may enter and secure the place or vehicle if they are present at the scene and have RGTB CADD will occur and hold it for a maximum of six hours while the application in made and reviewed.

Question 6

Define S123

Answer 6

If an enforcement officer is excising a search power, is lawfully in a place or vehicle or is conducting a lawful search of a person, they can seize any item if they have RGTB that they can seize the item under any search warrant obtained under any enactment or any other powers exercisable by them.

Question 7

Define S45

Answer 7

An enforcement officer can not undertake trespass surveillance unless obtaining evidential material for any offence punishable by imprisonment of 7 years or more or certain offences against the Arms Act 1983.

Question 8

Define S46

Answer 8

Any enforcement officer who wishes to
-use an interception device
-using a tracking device
-observe private activity in a private premises
-use a surveillance device that requires trespass to land or goods
-observe private activity from the curtilage of a private activity for a time that exceeds 3 hours in a 24 hour or 8 hours in total
must seek a surveillance device warrant

Question 9

Define S47

Answer 9

No warrant is required if the enforcement officer is

• lawfully in a private premises
• recording what they observe or hear without a surveillance device
• covert audio recording between two people with the consent of one
• activities carried out in an interception warrant
• using a surveillance device if it is authorised under another enactment

Question 10

S48

Answer 10

A surveillance device warrant is not required in emergency situations where the enforcement officer has RGTS
-14+ offence
-offence against S14(2) or S18(2)
-Cat 3 or 4 offence agsinst arms act 1983
-offence against schedule 1/2/3 of MODA 1975
-in possession of things described in 81(2)(a-d)
and has RGTB evidence is obtainable can enter any premises or enter or break open any vehicle or temporarily remove any vehicle from where it was found