Surveillance Devices Flashcards
Section 45 - Restriction on some trespass surveillance an use of interception device - What must you be doing?
Obtaining evidential material in relation to an offence:
- 7 years + or
- against sec 44, 45, 50 , 51, 54 or 55 of the Arms Act 1983
- against sec 25, 26, and 70 of Psycoactive Substances Act 2013.
Powers - Under take trespass surveillance, Use an interception device.
Section 46 - Activities for which surveillance device (SD) warrant required
- Intercept private communication.
- Use of a tracking device (unless ascertaining if thing opened or tampered with).
- Observation of private activity in private premises, and any visual recording of that observation, by means VSD
- Use of a surveillance device that involves trespass to land or trespass to goods
3 types of surveillance devices?
- Visual surveillance device
- Tracking device
- Interception device
Section 46(1)(e) - Activities for which surveillance device (SD) warrant required - What can you do without a surveillance device warrant?
- Observe private activity without the use of a SD from public areas
- Observe private activities on the curtilage and any recordings of that observation for a single investigation or series of connected investigation do not exceeding
- 3 hours in any 24 hour period, or
- 8 hours in total.
In relation to the Search and Surveillance Act, what is private activity?
When 1 or more persons ought to reasonably expect to not be observed or recorded by anyone else other than those present.
What is trespass surveillance?
Means surveillance that involves trespass to land or trespass to goods
What is curtilage?
The land immediately surround a house or dwelling, including any closely associated buildings and structures but does not extent to open fields.
Is a SDW required for a tracking device to ascertain movements of a person?
Yes
Is a SDW required for a tracking device to ascertain if a thing has been handled?
Involves trespass - Yes
No trespass - No
Trespass Surveillance vs Trespass Act
As soon as you enter a private property for surveillance (without consent) you need a warrant otherwise it is illegal.
Trespass Act you have to be trespassed first.
Section 47 - When do you not require a warrant?
- Being lawfully on private premises
- Recording wheat he observes or hears without the use of a SD.
- Covert audio recording of voluntary comms between 2 or more people with consent of 1 of them
Section 48 - Situations to use a SD when a SD warrant is impractical to obtain in the circumstances
RGTS: 14 yr or more Imp offence
- entry will prevent risk to life
- Offence against the arms act
- Offence against MODA
- SD will obtained evidential material
- SD warrant to be obtained ASAP (within 48 hours)
- Use reasonable force to gain entry to install, maintain or remove SD