Surveillance Part 1

Question 1

What underpins the surveillance regulations in the Search and Surveillance Act 2012?

Answer 1

Individual rights to privacy

Question 2

What is Police Surveillance?

Answer 2

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

• observing
• tracking
• intercepting private communication

Question 3

Surveillance work is risky. These risks must be:

Answer 3

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

Question 4

What is a surveillance device? Examples

Answer 4

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

Question 5

What is a visual surveillance device?

Answer 5

(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

Question 6

Activities for which surveillance device warrant required Section 46 (c)

Answer 6

Observations of private activity in private premises, and any recording of that observation by means of a visual surveillance device

Question 7

What are the exceptions to the requirement to obtain a surveillance device warrant?

Answer 7

• Situations of emergency or urgency (must still be reported)
• Activities that do not require a warrant

Question 8

What areas would be considered private?

Answer 8

• Land (in private ownership) and any private premises on that land and ‘goods’
• Goods generally mean chattels and include vehicles and other intangible belongings

Question 9

What makes surveillance unlawful?

Answer 9

If it involves trespass unless authorised by a surveillance device warrant

(exceptions apply in emergency situations)

Question 10

What is a non-private premise?

Answer 10

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

Question 11

Define ‘Private communication’

Answer 11

Private communication occurs in circumstances where they have the right to expect it will not be intercepted or recorded

Question 12

What is trespass surveillance?

Answer 12

Surveillance that involves trespass onto land or trespass to goods.

Question 13

A SDW will only be authorised for use of an interception device for gathering EM for what offences?

Answer 13

• A serious offence punishable by 7 years imprisonment or more
• Identified Arms Act offences
• Identified Psychoactive substance offences

Question 14

Define curtilage?

Answer 14

The land immediately surrounding a house or dwelling, including any closely associated buildings and structures, but excluding any associated ‘open fields beyond’.

Question 15

Broad explanation of ‘curtilage’

Answer 15

It defines the boundary within which a home owner can have reasonable expectation of privacy and where ‘common daily activities’ take place

Question 16

Curtilage limitations

Section 46 - Activities for which surveillance device warrant required (e):

Answer 16

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

Question 17

What does interception mean in relation to private communication?

Answer 17

Includes hear, listen to, record, monitor, acquire or receive communication either:

• When it has taken place or
• While it is in transit

Question 18

Define an interception device:

Answer 18

(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

Question 19

Explain Section 47:

Answer 19

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

Question 20

Define a tracking device:

Answer 20

(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

Question 21

A SDW will only be granted for use of a tracking device for offences:

Answer 21

Any offence punishable by imprisonment

Question 22

A SDW will only be granted for use of a visual surveillance device for offences:

Answer 22

Serious offence punishable by 7 years or more imprisonment

Question 23

Section 46 (b) Activities for which surveillance device warrant is required:

Answer 23

(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