Tracking Devices

Question 1

What is TSU?

Answer 1

Technical Support Unit

Question 2

Tracking devices fall into two main categories what are they?

Answer 2

A device that can be used to ascertain the location of a person or thing. Ie tracking a person through their cell phone when its turned on or thermal imaging device from air to track movements of a person on the ground

OR

A device used for detecting whether a thing has been handled. Section 46(1) of S&S states the used of a device for this purpose requires a warrant only when its installation involves a trespass to land or goods.

Question 3

For an Audio Device is a SDW required?

Answer 3

Yes as it will be used to intercept private communication

Question 4

By law who can install the audio device?

Answer 4

Police members and the will be completed by Police TSU

Question 5

Section 46 S&S 2012?

Answer 5

Activities for which surveillance device warrant required
(1)
Except as provided in sections 47 and 48, an enforcement officer who wishes to undertake any 1 or more of the following activities must obtain a surveillance device warrant:
(a)
use of an interception device to intercept a private communication:
(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 other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods:
(c)
observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance device:
(d)
use of a surveillance device that involves trespass to land or trespass to goods:
(e)
observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual surveillance device, and the duration of the observation, for the purposes of a single investigation, or a connected series of investigations, exceeds—
(i)
3 hours in any 24-hour period; or
(ii)
8 hours in total.
(2)
This section is subject to section 45.

Question 6

Section 47 S&S 2012?

Answer 6

Some activities that do not require warrant under this subpart
(1)
No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities:
(a)
the enforcement officer—
(i)
being lawfully in private premises; and
(ii)
recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
(b)
covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
(c)
activities carried out under an authorisation issued under Part 4 of the Intelligence and Security Act 2017:
(d)
activities carried out by the enforcement officer’s use of a surveillance device, if that use is authorised under any enactment other than this Act.
(2)
Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection

Question 7

Section 48 S&S 2012?

Answer 7

Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency
(1)
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, if—
(a)
he or she is entitled to apply for a surveillance device warrant in relation to those situations; but
(b)
obtaining a surveillance device warrant within the time in which it is proposed to undertake the surveillance is impracticable in the circumstances