SDW Flashcards
what is private communication (1)
a communication (oral, written, telecommunication) made under the circumstances that may reasonably be taken to indicate that any party to the communication desires it to be confined to the parties in the communication
what does a private communication not include (2)
a communication in which any party to the communication ought reasonably to expect that the communication may be intercepted by some other person without having the expressed or implied consent of any party to do so
what is an interception device (a)
means any electronic, mechanical, electromagnetic, optical, or electro-optical instrument, apparatus, equipment or other device that is used or capable of being used to intercept or record a private communication (including a telecommunication)
what does an interception device not include (b)
does not include a hearing aid or similar device used to correct subnormal hearing of the user to no better than normal hearing
what is a visual surveillance device (a)
means any electronic, mechanical, electromagnetic, optical instrument, apparatus, equipment, or other device that is used or is capable of being used to observe, or to observe and record, a private activity
what does a visual surveillance device not include (b)
spectacles, contact lenses, or a similar device used to correct subnormal vision of the user to no better than normal vision.
what are the three types of surveillance devices
visual surveillance device
an interception device
a tracking device
what is a tracking device
a device that may be used to help ascertain, by electronic or other means, either both of then following
the location of a thing or person
whether a thing has been opened, tampered with, or in some other way dealt with
what does a tracking device not include
a vehicle or other means of transport
what is visual trespass surveillance
trespass surveillance involving the use of a visual surveillance device
what is surveillance (x4)
observing, and any recording of that observation, of people, vehicles, places and things
ascertaining (tracking) the location of a thing or person
ascertaining whether a thing has been tampered with
intercepting a private communication through the use of a surveillance device
what is a brief summary of a surveillance device
a interception device, visual surveillance device or a tracking device. Assists or enhances your normal capability to carry out the surveillance.
what is trespass surveillance
unlawful without a SDW
unauthorised entry onto private land or unauthorised handling of goods
what is a “serious offence” in relation to trespass surveillance
7 years imprisonment +
what is section 46 S&S
activities for which surveillance warrant required
under section 46, what are 5 activities for which a SDW is required
interception device for private communication
tracking device - except for a tamper device where trespass to goods or land is not required to install
observation of private activity in private premises and any recording of that activity
use of a surveillance device where trespass to land or good is required
observation of private activity in curtilage using visual surveillance device if exceeds 3 hours in 24 hour period or 8 hours total for single or connected investigation
what are three activities that do not require SDW
being lawfully in private premise, records what he or she hears or sees, provided can see or hear without surveillance device
covert audio recording of a voluntary oral communication between 2 or more people where at least one person has consented to the recording
activities authorised under any other enactment
what offences is a interception device restricted to
7 years imprisonment
arms act 1983
what is a voluntary oral communication and is a SDW required to intercept and record it
a communication between 2 or more people where at least one of the people has consented for the communication to be recorded. SDW not required.
in what situations can a surveillance device be used without warrant (x5)
situations of emergency or urgency where obtaining a warrant not practicible
14 years imprisonment +
arms act 1983
drug offence (schedule 1, part 1 of schedules 2 and 3, part 3 of schedule 4)
likely to cause injury or serious property damage/loss, surveillance necessary to stop
risk to life and safety, surveillance necessary
what time limit can a SDW without warrant be used
48 hours
explain R v McGinty regarding application and CHIS
a judge is not required to refuse a SDW because the police had not exhausted every conceivable alternative technique of investigation
disclosure of informant not required unless of judge saw fit
can you use EM that has been obtained by SDW but not related to the SDW offence
yes, if a warrant could have been issued or a surveillance device could have been used
what is an informer (CHIS) x3
a person who has supplied information, gratuitously or for reward, information to an enforcement agency, or representative, about a possible or actual commission of an offence in which the person has a reasonable expectation that their identity will not be disclosed
not called as a witness to the prosecution relating to the information given
may be an undercover
