Surveillance Devices

Question 1

Section 45 - Restriction on some trespass surveillance an use of interception device - What must you be doing?

Answer 1

Obtaining evidential material in relation to an offence:

• 7 years + or
• against sec 44, 45, 50 , 51, 54 or 55 of the Arms Act 1983
• against sec 25, 26, and 70 of Psycoactive Substances Act 2013.

Powers - Under take trespass surveillance, Use an interception device.

Question 2

Section 46 - Activities for which surveillance device (SD) warrant required

Answer 2

• Intercept private communication.
• Use of a tracking device (unless ascertaining if thing opened or tampered with).
• Observation of private activity in private premises, and any visual recording of that observation, by means VSD
• Use of a surveillance device that involves trespass to land or trespass to goods

Question 3

3 types of surveillance devices?

Answer 3

• Visual surveillance device
• Tracking device
• Interception device

Question 4

Section 46(1)(e) - Activities for which surveillance device (SD) warrant required - What can you do without a surveillance device warrant?

Answer 4

• Observe private activity without the use of a SD from public areas
• Observe private activities on the curtilage and any recordings of that observation for a single investigation or series of connected investigation do not exceeding
• 3 hours in any 24 hour period, or
• 8 hours in total.

Question 5

In relation to the Search and Surveillance Act, what is private activity?

Answer 5

When 1 or more persons ought to reasonably expect to not be observed or recorded by anyone else other than those present.

Question 6

What is trespass surveillance?

Answer 6

Means surveillance that involves trespass to land or trespass to goods

Question 7

What is curtilage?

Answer 7

The land immediately surround a house or dwelling, including any closely associated buildings and structures but does not extent to open fields.

Question 8

Is a SDW required for a tracking device to ascertain movements of a person?

Answer 8

Yes

Question 9

Is a SDW required for a tracking device to ascertain if a thing has been handled?

Answer 9

Involves trespass - Yes

No trespass - No

Question 10

Trespass Surveillance vs Trespass Act

Answer 10

As soon as you enter a private property for surveillance (without consent) you need a warrant otherwise it is illegal.

Trespass Act you have to be trespassed first.

Question 11

Section 47 - When do you not require a warrant?

Answer 11

• Being lawfully on private premises
• Recording wheat he observes or hears without the use of a SD.
• Covert audio recording of voluntary comms between 2 or more people with consent of 1 of them

Question 12

Section 48 - Situations to use a SD when a SD warrant is impractical to obtain in the circumstances

Answer 12

RGTS: 14 yr or more Imp offence

• entry will prevent risk to life
• Offence against the arms act
• Offence against MODA
• SD will obtained evidential material
• SD warrant to be obtained ASAP (within 48 hours)
• Use reasonable force to gain entry to install, maintain or remove SD