Surveillance

Question 1

Section 45

Answer 1

Restrictions on some trespass surveillance and use of interception device

Must be:
Obtaining evidential material in relation to 7 + years OR specified Arms Act offence

Powers:
Undertake trespass surveillance or use interception device

Question 2

Section 46

Answer 2

Activities for which surveillance device warrant required

Observe private activity without use of surveillance device from public areas

Observe private activity in the curtilage of private premises by means of a surveillance device which does not exceed-

3hrs in a 24h period
8hrs total

Question 3

Section 47

Answer 3

Don’t need a warrant if

• lawfully in private premises and just recording what you observe/hear without use of a surveillance device
• conducting audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them

Question 4

Section 48

Answer 4

If owing to the urgency it is impracticable to get a warrant, you can use surveillance device for up to 48 hours.

Clock starts ticking from when device is first used.

Subject to section 45 (where trespass is involved for 7+ imprisonable offences or specified Arms Act offences)