Surveillance

Question 1

What is a surveillance device?

Answer 1

A SD is a device that assist and enhances our normal capability to carry out surveillance

Question 2

Types of surveillance devices

Answer 2

1. A visual surveillance device
2. An interception device
3. A tracking device

Question 3

What is a visual surveillance device?

Answer 3

Means any

electronic
Mechanical
Electro-magnetic
Optical
Electro-optical 

Apparatus
Equipment
Instrument
or other device

that is used to observe or to observe and record a private activity.

Question 4

What isn’t included as visual surveillance devices?

Answer 4

Spectacles, contact lenses or similar device used to correct subnormal vision of the user to no better than normal vision

Question 5

What are the exceptions to the requirement of obtaining a surveillance device warrant for the use of a visual surveillance device?

Answer 5

Situations of emergency or urgency
(Must still be reported)

Activities that do not require a warrant

Question 6

Definition of private activity

Answer 6

Acknowledges fundamental human rights

Means any activity that the participant “ought reasonably to expect” is private.

Or an activity carried out in private premises.

Question 7

Definition of private communication

Answer 7

Means a communication (whether oral or written or in the form of telecommunication)

And any party to the communication

Desires it to be confined to the parties to the communication

Question 8

Definition of curtilage

Answer 8

Means the land immediately surrounding a house or dwelling

Including any closely associated buildings and structures

But excluding any associated open fields beyond.

It defines the boundary within which a homeowner can have a reasonable expectation of privacy

and where “common daily activities” take place

Question 9

When can you observe in the curtilage of private premises without a warrant?

Answer 9

To gather EM for a serious offence (7 years or more)

Observation of private activity in the curtilage of private premises

And any recording of that observation

If any part of the observation or recording is by means of a visual surveillance device

And the duration of that observation for the purposes of a single investigation

Or a connected series of investigations does not exceed

I) 3 hours in any total 24 hour period
II) 8 hours in total

Question 10

Definition of interception device

Answer 10

Means any

Electronic
Mechanical
Electro magnetic
Optical
Electro optical

Apparatus
Equipment
Instrument
Or other device

Used or capable of being used to intercept or record a private communication

Question 11

What isn’t included as an interception device?

Answer 11

An interception device does not include a hearing aid or similar device used to correct the subnormal hearing of the user to no better than normal hearing.

Question 12

A surveillance device warrant will only be authorised for use of an interception device for gathering evidential material for:

Answer 12

1) offences punishable by 7 or more years imprisonment
2) identified arms act 1983 offences
3) identified psychoactive substances act 2013 offences

Question 13

Definition of a tracking device

Answer 13

Means a device that may be used to help ascertain by electronic or other means

• the location of a thing or person
• whether a thing has been opened, tampered with, or in some other way dealt with but

Does not include a vehicle or other means of transport such as a boat or helicopter.

Question 14

Definition of voluntary oral communication

Answer 14

A voluntary oral communication is a communication between one or more persons

Where at least one party gives their consent for the communication to be recorded (section 47)

Question 15

What does section 48 allow you to do?

Answer 15

The ability to invoke warrantless surveillance in situations of emergency or urgency such as:

Punishable by 14 years or more

Obtain EM in relation to the offence

An arms act 1983 offence

A drug offence

Or there is a situation which is:

Likely to cause injury or serious property loss/damage

Or presenting risk to life and safety

And surveillance is necessary to prevent offending from being committed or continuing

Question 16

What is trespass surveillance and is it lawful?

Answer 16

Trespass surveillance involves trespass onto property or handling of goods which means the surveillance is unlawful.

Trespass occurs when an enforcement officer enters private land or handles goods without consent.