Surveillance - Situations of emergency Flashcards
A surveillance device warrant…
Need not be obtained for use of surveillance devices in some situations of emergency or urgency.
S48 acknowledges that in certain situations police may need to act immediately without warrant to use any 1 or more surveillance devices.
1st Ingredient and means
‘entitled to apply’
You would be entitled to make an application for a surveillance device warrant as the situation is one of serious criminal activity.
2nd Ingredient and means
‘impracticable in the circumstances’
You need to use a device urgently as it is not immediately practicable t obtain a surveillance device warrant.
Permitted where the above circumstances apply and the suspected offence has been, is being, or is about to be committed and is:
Punishable by a term of imprisonment of 14 years or more, and
You believe that use of the surveillance device would obtain evidential material in relation to the offence:
An AA 83 offence
-or a person, by reason of his or her physical or mental condition (however caused)
is incapable of having proper control of the arms; or
may kill or cause bodily injury to any person;
-or that, under the Family Violence Act 2018
a protection order or a police safety order is in force against the person; or
there are grounds to make an application against him or her for a protection order.
A drug offence or….
There is a situation which is:
Likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
Presenting risk to life and safety and surveillance is necessary as an evergency response(S14)
What is the time limit?
An enforcement officer who is in any 1 or more of the situations set out in subsection (2) may use a surveillance device for a period not exceeding 48 hours from the time the surveillance device is first used without obtaining a surveillance device warrant
An application….
For a surveillance device warrant must still be made if the surveillance might continue beyond the period within which it is practicable to obtain a warrant.
From whom is approval required?
A Detective Inspector unless…
Unless
The immediacy fo the situation does not allow for prior planning and approval from a Detective Inspector in consultation with Legal Services and
Statutory criteria is met; and
An opportunity arises to obtain evidential material that would otherwise be lost if not taken at the time.
S60 - Requirement to report
When a warrantless surveillance power is exercised the enforcement officer must provide a notification(report in the SS system) to a Judge within 1 month after the date of the last day of any period of 48 hours or less over which the surveillance device was used.
The period of the warrant is limited
A surveillance device warrant may be issued for a period of no more than 60 days after the date on which the warrant is issued, and is in force for that period.
