5 Flashcards
(5 cards)
Internal search differences
Standard of proof
S13A - Reasonable cause to believe (and not arrested)
S23 - Must be under arrsted for offences against s6, 7 or 11 of MODA. Constable must have reasonable grounds to believe person has secreted within body any property that may be evidence of the offence with which person is charged or other offence against s6, 7 or 11
MODA (s23(2)(b)).
Class of drugs
S13A - Must be Class A or B.
S23 - Any Class. Arrestable under s6, 7, 11 (ie. A, B or C).
Search for
S13A - Only Class A or B drugs secreted for unlawful purpose.
S23 - Class A, B or C and any property that may be evidence of offence for which charged, or property of which possession constitutes offence against s6, 7 or 11.
Who may request?
S13A - Any Constable or Customs Officer.
S23 - Constable.
Who do they request?
S13A - District Court judge for a Detention Warrant.
S23 - Require suspect to permit medical practitioner to conduct internal examination.
Type of medical practitioner
S13A - Aproved by Commissioner of Police or Chief
Executive of Customs.
S23 - Nominated for the purpose by the constable.
Detention time limit
S13A - 7 days – renewable in periods of 7 days to maximum of 21 days.
S23 - Suspect fails to permit examination and Court satisfied that requirement for internal examination properly made on reasonable grounds. Then Court may decline to consider bail application and order continued detention in Police custody until the earlier of 2 days after day on which internal examination was required or the person permits the examination to
occur.
Disclosure of evidential transcript at court
Analysis of the intercepted communications, (also referred to as ‘sessions’), are painstaking, and require patience, dedication and attention to detail. Each session is carefully analysed and a transcript of all relevant evidence is made.
The transcript 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 extraneous or inadmissible evidence is not disclosed.
4 things that must be done in the first 24 hours for O/C phone
Trapping or pre loading phone data
TSP liason
Draft a production order application early
No Search Warrant required for Emergency situations
Analysts
Proving phone ownership
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 (including a telecommunication); but
(b) Does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing.
