Surveillance - Situations of Emergency or Urgency

Question 1

Surveillance without warrant - Emergency or Urgency - What are the requirements?

Answer 1

a) Punishable by 14 years imprisonment or more AND
b) You believe that use of surveillance device would obtain evidential material in relation to the offence
c) An Arms Act 1983 offences
- A person incapable of holding arms (may kill or cause GBH/injury) to any person
- Under DV Act 1995, a PO or PSO in place against the person
d) a Drug offence

SITUATION WHERE:
e) Likely to cause injury or serious property loss/damage and surveillance device is required
f) Presenting risk to life and safety and surveillance is required as a emergency response.

Question 2

What are the time constraints using a surveillance device without warrant in a emergency situation?

Answer 2

A Period not exceeding 48 hours.

Question 3

Requirements of using a surveillance device without warrant?

Answer 3

• Must provide a notification (report in the Search/Surveillance system) to a Judge within 1 month after the date of last day of any period 48 hours or less over which the device was used.

Question 4

Period of surveillance device warrant limited?

Answer 4

Issued for a period of no more than 60 days after date on which warrant was issued.

Question 5

Can you extend the surveillance device warrant past the deadline?

Answer 5

No - a new warrant is required.