Questions 05 Flashcards
(SA) 4 times when a surveillance device warrant is required - Sec 46 Search and Subservience Act 2012
- Use of an interception device to intercept a private communication.
- Use of a tracking device, except where a tracking device is installed solely for the purpose of ascertaining whether a thing has been opened, tampered with, or in some other way dealt with, and the installation of the device does not involve trespass to land or trespass to goods.
- Observation of private activity in private premises, and any recording of that observation, by means of a visual surveillance deivce.
- Use of a surveillance device that involves trespass to land or trespass to goods.
- Observation of private activity in the curtilage of private premises, and any recording of that observation, if any part of the observation or recording is by means of a visual
surveillance device, and the duration of the observation, for the purposes of a single Investigation, or a connected series of investigations, exceeds- 3 hours in any 24-hour period; or 8 hours in total.
How many days can a surveillance warrant be in force?
Specify a period up to 60 days for which the warrant may be in force.
Does a CHIS have to named in a warrant – legislation s64 Evidence Act or case law R v McGinty
- Disclosure of the identity of alleged informants was not required under the Act, and the trial Judge was correct in deleting from the application certain parts which would have been likely to lead to the identification of informants. However, the trial Judge was entitled to insist on disclosure if he saw fit.
S64 of the Evidence Act 2006 grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity. It is good practice not to state the name of any CHIS.
You are not required by law to name your CHIS. Good practice is for you to use their registered code number. If the application is subsequently disclosed, the informer’s anonymity will be protected.
Criteria for a surveillance device warrant
Sec 51 S and S Act 2012
S51 S and S Act 2012
(a)There are reasonable grounds-
(i) To suspect that an offence has been committed, or is being committed, or will be committed in respect of which this Act or any enactment specified in column 2 of the
Schedule authorises the enforcement officer to apply for a warrant to enter premises for the purpose of obtaining evidence about the suspected offence; and
(ii) To believe that the proposed used of the surveillance device will obtain information that is evidential material in respect of the offence; and
(b) The restrictions in s45 do not prevent the issuing of a surveillance device warrant in the circumstances.
(SA) Definition of an informer
Section 64 Informers Evidence Act 2006
(1) An informer has a privilege in respect of information that would disclose, or is likely to disclose, the informer’s identity.
(2) A person is an informer for the purposes of this section if the person-
(a) has supplied, gratuitously or for reward, information to an enforcement agency, or to a representative of an enforcement agency, concerning the possible or actual
commission of an offence in circumstances in which the person has a reasonable expectation that his or her identity will not be disclosed; and
(b) is not called as a witness by the prosecution to give evidence relating to that
information.
(3) An informer may be a member of the police working undercover.
4 points for unplanned entry into a clan lab
- Immediately remove persons of interest from the premises.
- Isolate the site and maintain a safety perimeter.
- Preserve the crime scene.
- Notify their duty Inspector or Duty NCO, contact the NCLRT and where appropriate the local fire service and ambulance.
- Seek advice from a NCLRT member or the Fire Service about decontamination procedures.
- Occupants of the address and staff who have entered the address are to remain separated until decontamination issues have been addressed.
- Seek medical advice if you experience any adverse effects.
90 seconds rule
This rule assumes that if offender(s) are present and moving inside the Laboratory then the atmosphere will sustain life.
It assumes that the IET (wearing the minimum level of PPE for the IET) may safely enter and extract suspects for a period of up to ninety seconds.
Who can call a landslide in clab lab?
Any member of the Initial Entry Team.
Definition of emergency
Hazardous Substances & New Organisms Act 1996
Sect 135. In this part of this Act, unless the context otherwise requires, Emergency means:
(a) Actual or imminent danger to human health or safety; or
(b) A danger to the environment or chattels so significant that immediate action is required to remove the danger
- arising from a hazardous substance or new organism
6 points for large scale commercial cultivation
- Volume of cannabis found in the defendant’s possession
- Admissions made by the defendant
- Intercepted communications
- Observation evidence, particularly over extended periods
- Significant cash holdings and/or movements
- Evidence, including records, of proposed and/or actual sales
- Evidence of an extensive and sophiscated ongoing operation involving regular crop rotation
- Evidence of extensive crop yields
- Expected evidence at trial of co-offenders (ie taken after plea and sentence), informants or other Crown witnesses
