Surveillance Flashcards
A surveillance device is?
A device which assists or enhances your normal capability to carry out surveillance and includes:
- A visual or listening device.
- A interception device
- a tracking device.
Activities not requiring a SDW under section 47?
- an officer lawfully on private property recording what they can see or hear as long as it does not enhance their sight or hearing.
- covert recordings of a conversation with one persons consent.
- activities authorised under part 4 of the intelligence and securities act 2017.
- surveillance authorised by any other enactment.
Activities requiring a SDW under section 46 include?
- Use of an interception device on private communication.
- use of tracking device.
- observation of private activities on private property by way of a device.
- use of a device that involves trespassing.
Private activity is?
Activity carried out on a private property where the person ‘ought reasonable to expect’ their activity to be private. Must be an objective test.
Private communication is?
Communication of any form made under circumstances that may reasonable be taken to indicate that any party to it desires it to be confined to those parties. Does not include communication occurring in circumstances where parties ought to expect the communication may be intercepted by some other person.
Trespass surveillance is?
Surveillance that involves trespass onto land or into goods.
Only be used to gather evidential material for serious offences punishable by 7 years imprisonment or more (s45). Or certain sections of the Arms Act.
Curtilage is?
The area between the fence, hedge or mowed grass border and the dwelling (ie the garden of the property)
Surveillance with the use of a device of the curtilage can be carried out without a warrant for the purpose of a investigation under what conditions?
- for 3 hours in any 24 hour period.
- 8 hours total.
Need a SDW for any time beyond this (s46)
An interception device is?
Any device of any kind that is used or capable of intercepting or recording private communication.
(Does not include devices used to correct hearing to normal levels, ie hearing aids)
A visual surveillance device is?
Any device of any kind that is used or capable of observing or observing and recording private activity.
(Does not include devices used to correct vision to normal levels, ie contact lenses)
Limitations to interception device warrants? (Section 45)
Under section 45 interception devices can only be used to gather evidential material for offences with a 7 year minimum imprisonment or certain Arms Act offences. (Same as trespass surveillance limitations.
A tracking device is?
Any device used to help or ascertain by any means the location of a thing or whether a thing has been opened or tampered with.
Can be used for any offence punishable by imprisonment (same as regular SW)
Section 48, emergency use of SD without a warrant for up to 48 hours must meet what criteria?
- the officer is entitled to apply for a SDW in the situation.
- obtaining a SDW is impractical in the circumstances (must be used immediately).
- must suspect a 14y offence has been, is being or will be committed or certain Arms Act or drug act offences.
- you believe the use of the SD would gather EM.
- or preventing risk to life and safety and surveillance is a necessary as an emergency response.
Limitations of S48 warrentless SD use?
Not exceed 48 hours (application for a SDW needs to be made).
Must be 14y offence or cat 3/4 arms or drug act offence.
Approval gained from a DI unless:
- situation too immediate to allow for any planning.
- statutory criteria is met and
- an opportunity arises to obtain EM that would be lost in this delay.
Must provide a S&S notification within one month.
How long a SDW is in force for?
60 days after the date of issue.
