Final review Flashcards
Section 5 of the act states?
The purpose of the act is to FACILITATE the MONITORING of COMPLIANCE with the law, and the INVESTIGATION and PROSECUTION of offences in a manner that is consistent with HUMAN RIGHTS VALUES by:
- Modernising law of search, seizure and surveillance to take into account advances in technology.
- Providing rules that recognise the importance of the rights and entitlements affirmed in other enactments.
- Ensuring investigative tools are effective and adequate for law enforcement needs.
How to comply, to meet its objective obligations, Police will?
- ensure it has a lawful authority to conduct such activities and exercise any other incidental power in relation to those activities, including the use of force
- conduct risk assessments when planning the exercise of those powers and take action to mitigate risks to protect the safety of the public and employees carrying out the Act’s powers
- only seize what Police are lawfully entitled to seize
- provide appropriate announcements and identification in the exercise of those powers
- satisfy requirements detailed in the Act (e.g. notice and inventory requirements after search or seizure).
A decision that applying for a SW is not practicable must be based on ?
RGTB that it is not practicable to apply for a search warrant in the circumstances.
SW, when you are thinking about what is practicable consider questions such as>
- is there time to gain approval and apply for a search warrant
- can the scene be secured (under section 117)
- are reasonable resources (including number of staff) available to minimise risk and ensure safety
- is the evidential material at risk
- location of the search and who may be present
Why use a SW?
- Ensures judicial oversight
- Provides greater protection to both Police and the public.
- Requires recording and reporting of results.
Before conducting a search by consent, you must determine that the search is for one of the following reasons?
- to prevent the commission of an offence
- to investigate whether an offence has been committed
- to protect life or property
- to prevent injury or harm
When searching a place, vehicle or other thing, you must comply with the obligations set out under section 131, what are the obligations?
BEFORE INITIAL ENTRY YOU MUST:
• identify yourself by name or by unique identifier (QID)
• provide evidence of identity if not in uniform
• announce your intention to enter and search
• state the name of the Act
• give notice by providing a copy of the search warrant
• Remember that when you have detained a person for the purpose of a search you must caution them (Bill of Rights).
If you are using a warrantless search power you must state the reason for your search.
You must also?
- provide a copy of the search warrant or a warrantless search notice to occupier (POL 1275) and provide an inventory of items seized.
- report your use of certain powers – (section 169)
- consider privilege – (sections 136 – 147)
Section 119?
- You can search people found when searching places and vehicles if you have RGTB that evidential material that is the object of the search is on that person or
- if you have RGTS that the person is in possession of a dangerous item that poses a threat to safety and you believe that immediate action is needed to address that threat.
When considering whether applying for a search warrant is practicable, remember that in certain circumstances, with supervisor approval, you can
- apply for a search warrant orally
- apply for a search warrant without approaching an issuing officer in person (by using the phone or e mail).
- secure a scene while you apply for a search warrant for a maximum period of 6 hours (section 117).
Note: If oral approval is sought, you must make an online application in the Search and Surveillance system as soon as possible and back-capture the required information.
risk assessment must be on-going and in preparing a search warrant execution plan you must?
- review and re-assess the identified risks
- work with others to identify and consider any further risks
- plan how to manage and minimise any identified risks
- determine how risk management will be communicated in your search warrant briefing
When you exercise a power to search a person you may?
- detain the person to enable the search to be carried out (for as long as is reasonably necessary)
- use force that is reasonable for the purposes of the search
- search any item that the person is wearing, carrying or is in the person’s physical possession or immediate control
- seize anything carried by or in their physical possession or immediate control if the thing is the subject of the search or may be lawfully seized.
In relation to S.112, what must you be doing and what must it be within? when it is not reasonably practicable to determine whether an item can be lawfully seized and you may remove it for exam or analysis?
You must be:
- Exercising a search power
- Carrying out a lawful search of a person
- Lawfully in a place of vehicle
and
The item you want to remove is within the original scope of the search.
An issuing officer may allow an application for a production order to be made orally (e.g. by telephone or by personal appearance) and excuse the applicant from putting all or part of the application in writing if satisfied that?
- requiring a written application would result in a delay that would compromise the effectiveness of the search, and
- the question of whether the order should be issued can be properly determined on the basis of an oral communication or personal appearance, and
- all required information is supplied to them
If an oral application is allowed:
- the issuing officer must record the grounds for the application as soon as practicable
- the applicant must complete the application form capturing the information conveyed to the issuing officer as soon as practicable and in any event within 24 hours, and the order
Where a claim arises, or is likely to arise, it should be directed by the officer in charge of the incident to the District Commander or National Manager for consideration along with a report containing the following information:
- the circumstances in which the search warrant or statutory power was executed;
- the grounds for its execution;
- the damage caused and the associated circumstances;
- the outcome of the search warrant or statutory power being executed;
- details regarding the owner of the property and the occupier or user of the property, at the relevant time;• the nature and basis of the claim, as stated by the owner of the property;
- any steps taken by Police or the owner to prevent further loss or damage.
