Electronic Operations Flashcards
What are the requirements of the offence?
Any offence against S6 MODA 1975 which is related to Class A or B only
Definition of evidential material
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
Definition Private Communication
(a) means communication (oral/written/telecommunications/otherwise) made under circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties to the communication BUT
(b)
does not include a communication of that kind occurring in circumstances in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the express or implied consent of any party to do so
Definition Interception Device
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 private communications including telecommunications but does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better then normal hearing.
Definition visual surveillance device
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 and record, a private activity but does not include spectacles, contact lenses, or a similar device used to correct subnormal vision f the user to no better then normal vision
What is visual trespass surveillance
not defined but can be taken to mean trespass surveillance involving the use of a visual surveillance device. To make this legal a surveillance device warrant is required.
What is a surveillance device
1 or more of the following devices:
- interception
- tracking
- visual surveillance
Definition of a tracking device
a device that may be used to help ascertain, by electronic or other means, either the location of a thing or person or whether the thing has been opened, tampered with, or in some other way dealt with but does not include a vehicle or other means of transport,
Surveillance devices can only be used to obtain evidence in relation to what offending?
Offences with a 7 year penalty and certain offences under the Arms Act 1983
Put simply, what is a surveillance device?
Something that enhances your normal ability to carry out surveillance
What actives require a surveillance device warrant?
S46 SnS 2012
- use interception device to intercept private communication
- use of tracking device unless use is to ascertain if thing has been opened, tampered with or dealt with in some other way and installation doesn’t require trespass
- observations and recording of private activity in private premises by visual surveillance device
- use of surveillance device requiring trespass to land or goods
- observation and recording of activity in curtilage of private premises if any part of observations are by visual surveillance device and these observations for the purpose of a single or series of connected investigations exceeds 3 hours in a 24 hour period or 8 hours in total.
What activities do not require a surveillance device warrant?
S47 SnS 2012
Where an enforcement officer is legally on private property and records what they observe or hear provided they could do this with out the use of a surveillance device
covert audio recording of a voluntary oral communication between 2 parties with the consent of at least 1 involved
if the use of the surveillance device is authorised under any other enactment
What are deemed situations of emergency where a surveillance device warrant isn’t required?
S48 SnS 2012
- 14+ offence
- Arms Act 1983 offence
- Drug offence
- offence likely to cause injury or serious property damage and surveillance necessary to prevent offending from occurring/continuing
- offence presents risk to life or safety and surveillance necessary as emergency response
What are the emergency provisions that relate to drugs
S48 SnS 2012
To suspect an offence has, is or is about to be committed in relation to a controlled drug specified or described in schedule 1 or part 1 of schedule 2 or 3 of MODA 1975 or to precursor substance specified or described in part 3 of schedule 4 of that act and
believe that the use of the surveillance device would obtain evidential material in relation to the offence
How long can surveillance devices be used in emergency situations before a warrant is required
48 hours
