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DDC JULY 2021 KKDU50 > Search & Surveillence Act 2012 > Flashcards

Search & Surveillence Act 2012 Flashcards

1
Q

Definition of

Unlawfully at large

A

Relates to a person who;

  • has arrest warrant in force
  • has escaped prison or absent without leave
  • has escaped lawful custody
  • is a special or restricted patient and escaped or failed to return from leave
  • is a young person who is subject to a Youth Court “Supervision With Residence” order and escaped OT custody
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2
Q

Definition of

Evidential Material

A

Evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence

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3
Q

What is the threshold for general Search Warrants

A
  1. To suspect that there is an offence, AND

2. To believe that the search will find the evidential material

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4
Q

Reasonable Grounds To Suspect

A

That it is inherently likely

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5
Q

Reasonable Grounds To Believe

A

That it in question actually exists

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6
Q

Section 7

S&S Act 2012

A

Enter a place or vehicle to
Arrest a person unlawfully at large;

RGTS a person is unlawfully at large

RGTB the person is in or on the place or vehicle

POWERS

  • Enter with warrant
  • Search for the person to arrest them
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7
Q

Section 8

S&S Act 2012

A

Enter a place or vehicle to
Search for and arrest to avoid loss of offender (or CADD):

RGTS a person has committed an offence punishable by imprisonment

RGTB the person is in the place or vehicle AND
if entry is not effected immediately
- the person will leave to avoid arrest OR
- evidential material for the person will be CADD

POWERS

  • Enter the place or vehicle
  • Search for the person to arrest them
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8
Q

Section 9

S&S Act 2012

A

Stop a vehicle to
Arrest a person unlawfully at large:

RGTS a person is unlawfully at large OR
has committed an imprisonable offence

RGTB the person is in or on the vehicle

POWERS
- Stop the vehicle for the purpose of arresting that person

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9
Q

Section 10

S&S Act 2012

A

When exercising Section 9 a Constable must;

RGTS a person is unlawfully at large OR
has committed and imprisonable offence

RGTB the person is in or on the vehicle

POWERS

  • Search vehicle for the person
  • Search the vehicle for evidential material
  • Require the person to give name, address etc
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10
Q

Curtilage

A

The land immediately surrounding a house or dwelling where you would have a reasonable expectation of privacy

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11
Q

Section 15

S&S Act 2012

A

Entry to find and avoid loss of evidential material relating to certain offences;

RGTS an offence punishable by 14yrs or more of imprisonment has been, is about to be, or has been committed.

RGTB

  • Evidential material relating to the offence is in that place AND
  • if entry is delayed the evidential material will be CADD

POWERS
- Enter without warrant
- search the place
NOTE - includes any vehicle at the place

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12
Q

Section 16

S&S Act 2012

A

Searching people in public place for evidential material relating to certain offences:

RGTB the person is in possession of evidential material relating to an offence that is punishable by 14yrs or more imprisonment

POWERS
- Search a person in a public place

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13
Q

Section 17

S&S Act 2012

A

Entry and search of a vehicle in a public place for evidential material relating to certain offences:

RGTB there is evidential material relating to an offence that is punishable by 14yrs or more imprisonment in the vehicle

POWERS

  • Enter the vehicle
  • Search the vehicle
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14
Q

Section 112

S&S Act 2012

A

Remove items of uncertain status (IF within the scope of the original search warrant)

Enables removal of items for examination or analysis when their is uncertainty about whether those items are evidential material of the offence the power of search in being exercised for.

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15
Q

Section 123

S&S Act 2012

A

Seize items in plain view if lawfully in a place or vehicle;

MUST BE:
- Exercising a search power, or
- lawfully in a place or in or on a vehicle, or
- Conducting a lawful search of a person, and
finds any items in the course of carrying out the search or as a result of observations at the place or in or on the vehicle.

RGTB the item are evidence of an offence and could be seized under:

  • any search warrant that could be obtained, or
  • any other search power

POWER
Seize the item

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16
Q

Section 117

S&S Act 2012

A

Secure (NOT SEARCH) a scene until a search warrant is obtained if RGTB CADD may occur (6hrs max)

CIRCUMSTANCES MUST EXIST:

  • a search warrant has or about to be made, AND
  • has not yet been granted or refused by any issuing officer AND
  • a officer is present at the place or vehicle that is or is to be the subject of the application.

RGTB evidential material will be CADD before a decision is taken to grant or refuse the issue of a search warrant.

NOTE

  • does not authorise a search
  • may enter and secure a place, vehicle, or thing while an application is made.
17
Q

Section 121

S&S Act 2012

A

Power to stop a vehicle, to search it with or without a warrant.

MUST BE:

  • Grounds to search the vehicle exist, OR
  • A warrant has been issued and is in force for the vehicle.

POWERS
Stop the vehicle to conduct the search

18
Q

Section 45

S&S Act 2012

A

Restriction on some trespass surveillance and use of interception device

MUST BE:
Obtaining evidential material in relation to an offence
- punishable by 7yrs of imprisonment or more, or
- against section 44, 45, 50, 51, 54, or 55 of the Arms Act 1983

POWERS

  • Undertake trespass surveillance
  • use an interception device
19
Q 
Section 46 (E)
S&S Act 2012
A

What can you do without a Surveillance Device Warrant

  • Observe private activity without the use of a surveillance device from PUBLIC AREAS.
  • Observe private activity in the curtilage of private premises by means of a surveillance device, for a single investigation, or a connected series of investigations, for a period of observation that does not exceed
    • 3 hrs in any 24hr period, or
    • 8 hrs in total
20
Q

Surveillance Device

A

Means a device that is any 1 or more of the following kinds of devices:

  1. an interception device
  2. a tracking device
  3. a visual surveillance device
21
Q

Trespass Surveillance

A

Means surveillance that involves trespass to land or trespass to goods

DDC JULY 2021 KKDU50 (15 decks)

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