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Flashcards in 4. Electronic Operations Deck (12):

Evidential material definition

In relation to an offence or a suspected offence, means evidence of the offence, or any other item, tangible or intangible, of relevance to the investigation of the offence


Interception device definition

(A) means any electronic, mechanical, electromagnetic, optical or electro-optical instrument, apparatus, equipment or other device that is used or is capable of being used to intercept or record a private communication but
(B) does not include hearing aid of similar device used to correct subnormal hearing of the user to no better than normal hearing


Surveillance device definition

1 or more of the following kinds of devices
(A) an interception device
(B) a tracking device
(C) a visual surveillance device


What are activities which a surveillance device warrant is required?

- use of interception device to intercept private communication
- use of a tracking device, except where a tracking device is installed solely for the purpose of advertising whether a thing has been opened, tampered with or in some other way dealt with and the installation of the device does not involve tradspass to land
- observation of private activity in private premises and any recording of that observation by means of a visual surveillance device
- use of surveillance device that involves trespass to land
Observation of private activity in the curtilage of private premises and any recording of that observation if it exceeds 3 hours in 24 hours or 8 hours in total


What is the criteria for issuing surveillance device warrant?

RGT suspect offence has been committed or will be committed

RGT believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence


Protection of CHIS Identity and information

S63 evidence act grants privilege to informers that protects their identity and extends to information that is likely to disclose that ID

You are not required by law to name your CHIS


McGinty caselaw regarding protecting CHIS

Disclosure of the identity of alleged informants was not required under the act, and the trial judge was Forrest in deleting from the application certain parts which would have been likely to lead to the ID of informants. However the trial judge was entitled to insist on disclosure if he saw fit.


How long may a surveillance device warrant be in force?

A period of up to 60 days


What must transcripts be

Must be a verbatim copy of the recorded version of the conversation. However when it is presented to the court, the recording will be played back in such a manner that extra and inadmissible evidence is not disclosed


What must OC phones do in the first 24hours?

Trapping or preloading data
TSP liaison
Draft production order application
Proving phone ownership


Definition of an ‘informer’

S64 informers

An informer has a privileging respect of informations that would disclose or likely disclose the informers identity

A person is an informer if:
- supplies gratuitously or for reward information to an enforcement agency concerning an offence in circumstances in which the person has reasonable expectation that his or her identity will not be disclosed and
- not called as a witness

An informer may be a member of Police working undercover


Visual surveillance device definition

Means any electronic, mechanical, electromagnetic, optical, or electro optical instrument, apparatus, equipment or other device that is used or is capable of being used to observe or to observe and record a private activity

Does not include spectacles, contact lenses, or similar device used to correct subnormal vision of the user no better than normal vision