Surveillance powers Flashcards
S.45 - Restrictions of trespass surveillance
Can use trespass surveillance (visual and interception only) in order to obtain EM:
- imprisonable offence 7 years or more
- arms act 1983
S.46 - Activities requiring a SDW
- interception device to intercept private communication
- use of a tracking device (EXCEPT for installing for opening, tampered, dealt with and the installation doesn’t involve trespass to land or goods)
- visual surveillance of private activity in curtilage exceeding:
= 3 hours in any 24 hour period
= 8 hours in total
S.47 - Situations of emergency or urgency (ingredients)
May use a SD for a period not exceeding 48 hours from the time it is first used without obtaining a SDW if:
- entitled to apply for a SDW
- obtaining a SDW impracticable in the circumstances
S.47 - Situations of emergency or urgency (for the following situations)
For the following situations, RGTS:
- 14+ year offence and obtain EM
- risk to life or safety, necessary to prevent offending
- S.18 circumstances, necessary to seize firearms
- Cat 3 or 4 arms act offence and obtain EM
- MODA75 offence and obtain EM
- in possession of a CD, precursor, package in relation to S.12 delivery, necessary for seizure of thing
S.47 - Situations of emergency or urgency (may do the following to install, maintain or remove SD)
May do any of the following to install, maintain, remove SD:
- enter any P, V
- break open, interfere with any vehicle, thing
- temporarily remove any vehicle or other thing from any place and return
S.59 - SDW report
Person carrying out activities must provide SDW report within 1 month after expiry to the judge who issued the warrant or to a judge of the same court
S.60 - S.48 report
Person using SD under S.48 must provide a report to a judge within 1 month after the date of the last day of any period of 48 hours or less over which the SD was used
