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
Draft production order application
Proving phone ownership
Definition of an ‘informer’
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