Surveillance

Question 1

Section 45 (Restrictions on trespass surveillance and interceptions devices)

Answer 1

This section states that authority will only be given to allow trespass surveillance or the use of an
interception device to obtain evidential material in relation to offence punishable by a term of
imprisonment of 7 years or more, or offences against sections 44,45,50,51,54, or 55 of the Arms Act
1983.

Question 2

Section 46 (Surveillance Device Warrant Required)

Answer 2

Use of an interception device to intercept private communications,
Use of a tracking device,
Observation or recording inside private premises,
Use of a surveillance device that involves trespass onto land or to goods,
Observation and recording of private activity in the curtilage of private premises using a
visual surveillance device for a single investigation or connected series of investigations for longer than:
{ 3 hours in any 24-hour period, or
{ 8 hours in total
A visual surveillance device is anything that enhances the visual ability of the user, but does not include
eyeglasses.
Curtilage is the area immediately surrounding a house where personal activities take place. In a suburban
area it is usually, but not always, demarcated by the fence-line. In a rural area it is often hedged, but also not,
and does not extend to fields or farmland.

Question 3

Section 47 (SDW not required)

Answer 3

An SDW is not required in the following situations:
An ocer lawfully in private premises and recording what they observe, as long as the recording doesn’t
go beyond what they could normally see and hear,
covert audio recording of a voluntary oral communication between 2 or more people where at least one of
them consents to the recording,
Surveillance carried out using powers under a different Act.

Question 4

Section 48 (Emergency powers)

Answer 4

You may use a surveillance device without a warrant if you are entitled to apply for a warrant but in the
circumstances it is impracticable to do so, however you may only do this for up to 48 hours and there are only
certain situations where it is allowed.
These situations involve serious oending and the belief that the surveillance device is necessary to prevent
the emergency, offending, or to obtain evidential material in relation to those offences.