Surveillance

Question 1

What is Surveillance?

Answer 1

Police surveillance is planned and directed activity. Either open or covert, and for the purpose of:

• observing, and any recording of that observation, of people, vehicles, places and things
• ascertaining (tracking) the location of a thing or person, or whether a thing has been interfered or tampered with
• intercepting a private communication

The Search and Surveillance Act 2012 regulates only those surveillance activities undertaken by means of a device. It establishes clear boundaries for the lawful use of a surveillance device:

• where trespass is not involved
• where trespass is involved
• where warrantless powers exist

Question 2

Discuss the Surveillance Risk Assessment.

Answer 2

Any surveillance work (with or without warrant) is inherently risky.

These risks must be:

• identified
• assessed
• considered in planning before surveillance is executed

Apply TENR to assess:

• threat
• exposure
• necessity
• response (measures to reduce risk)

Question 3

What is Section 45?

Answer 3

Section 45 is Restrictions on some trespass surveillance and use of interception device.

Can undertake Trespass Surveillance or Use Interception device if obtaining EM in relation to:

(a) that is punishable by a term of imprisonment of 7 years or more; or
(b) against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983.

Question 4

What is Section 46?

Answer 4

(1) Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant

(a) use of an interception device to intercept a private communication:

(b) use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:

(c) observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:

(d) use of a surveillance device that involves trespass to land or trespass to goods:

(e) 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 the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—

(i) 3 hours in any 24-hour period; or
(ii) 8 hours in total.
(2) This section is subject to section 45.

Question 5

What is Section 47?

Answer 5

Section 47 is:

When you are lawfully in private premises, and recording what he or she observes or hears there without the use of a surveillance device.

Conducting an audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them.

Question 6

What is Section 48?

Answer 6

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency