Surveillance Part 1 Flashcards
What underpins the surveillance regulations in the Search and Surveillance Act 2012?
Individual rights to privacy
What is Police Surveillance?
Police Surveillance is planned and directed activity. Either open or covert and for the purpose of:
- observing
- tracking
- intercepting private communication
Surveillance work is risky. These risks must be:
- identified
- assessed
- considered in planning before surveillance is executed
What is a surveillance device? Examples
A surveillance device is a device which assists and enhances your normal capabilities to carry out the surveillance.
- A visual surveillance device
- An interception device
- A tracking device
What is a visual surveillance device?
(a) means any electronic, mechanical, electromagnetic, or optical instrument or device that is used to observe or observe and record private activity but
(b) does not include spectacles, contact lenses or similar device
Activities for which surveillance device warrant required Section 46 (c)
Observations of private activity in private premises, and any recording of that observation by means of a visual surveillance device
What are the exceptions to the requirement to obtain a surveillance device warrant?
- Situations of emergency or urgency (must still be reported)
- Activities that do not require a warrant
What areas would be considered private?
- Land (in private ownership) and any private premises on that land and ‘goods’
- Goods generally mean chattels and include vehicles and other intangible belongings
What makes surveillance unlawful?
If it involves trespass unless authorised by a surveillance device warrant
(exceptions apply in emergency situations)
What is a non-private premise?
A premise to which member of the public are frequently permitted to have access and includes a part of hospitals, bus station, railway station, airport etc
Define ‘Private communication’
Private communication occurs in circumstances where they have the right to expect it will not be intercepted or recorded
What is trespass surveillance?
Surveillance that involves trespass onto land or trespass to goods.
A SDW will only be authorised for use of an interception device for gathering EM for what offences?
- A serious offence punishable by 7 years imprisonment or more
- Identified Arms Act offences
- Identified Psychoactive substance offences
Define curtilage?
The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’.
Broad explanation of ‘curtilage’
It defines the boundary within which a home owner can have reasonable expectation of privacy and where ‘common daily activities’ take place
Curtilage limitations
Section 46 - Activities for which surveillance device warrant required (e):
observation of private activity in the curtilage of private premises and any recording unless within
(i) 3 hours in any total 24 hour period or
(ii) 8 hours in total
What does interception mean in relation to private communication?
Includes hear, listen to, record, monitor, acquire or receive communication either:
- When it has taken place or
- While it is in transit
Define an interception device:
(a) any electronic, mechanical, electromagnetic, or optical device capable of being used to intercept or record private communication but
(b) does not include a hearing aid or similar device
Explain Section 47:
A voluntary oral communication between 1 or more persons where at least 1 party in the communication gives their consent for the communication to be recorded
Define a tracking device:
(a) a device that can be used to help ascertain, by electronic or other means
(i) the location of a thing or person
(ii) whether a thing has been opened, tampered with or in some other way dealt with but
(b) does not include a vehicle or other means of transport
A SDW will only be granted for use of a tracking device for offences:
Any offence punishable by imprisonment
A SDW will only be granted for use of a visual surveillance device for offences:
Serious offence punishable by 7 years or more imprisonment
Section 46 (b) Activities for which surveillance device warrant is required:
(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 way dealt with and the installation does not involve trespass
