SDW Requirements/Criteria

Question 1

S57 SnS 12 Admissibility off evidential material relevant to other offences

Answer 1

If in the course of carrying out activities authorised by a surveillance device warrant or while lawfully using a surveillance device warrant in relation to an offence, a person obtains any evidential material in relation to an offence.

(a) That is not the offence in respect of which the warrant was issues or in respect of which the surveillance device was lawfully out into use, as the case requires BUT

(b) In respect of which a surveillance device warrant COULD HAVE BEEN issued or a surveillance device COULD HAVE BEEN lawfully used.

(2) Evidential material referred to in (1) is not inadmissible in criminal proceedings.

Question 2

What is S64 of the Evidence Act 2006

Answer 2

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.

You are not required by law to name your CHIS.

Question 3

What is S49 SnS 12?

Answer 3

S49 SnS 12 states that an application for a SDW must be made an enforcement officer and must contain certain particulars

Question 4

S55(1) SnS 12 outlines the form and content of an SDW. List 5 all

Answer 4

• Be in a prescribed form of any AND
• Be directed to every enforcements officer who has the authority to carry ot the activities authorised by the SDW
• Specify a period of up to 60 days
• Contain condition as to providing a SDW report (As per S59 SnS 12)
• Contain a condition as to privilege.

Question 5

What are other particulars the SDW may be subject to, specified by the approving judge under S55(s) SnS 12?

Answer 5

• Name of issuing judge and date
• The type of surveillance device the use of which the warrant authorises.
• Name address descriptions of persons or place vehicle or other thing that is the object of the SDW

Question 6

Describe S59 SnS 12

Answer 6

Sets out requirement on the person to who carries out the activities authorised by a SDW to provide a written report to the issuing judge or judge of the same court within 1 MONTH after the expiry of the period for which the warrant was in force.

Question 7

Describe S63 SnS 12.

Answer 7

S63 SnS 12 prescribes the length of time for which surveillance data may be retained. Police must comply with provisions and timeframes of this section. Applications can be made to the court to extend this period.

Question 8

Describe S64 SnS 12

Answer 8

Law enforcement agency must ensure any raw surveillance data/excerpts from surveillance data/any information obtained from it that it NOT itself raw surveillance data and that is not retained in accordance with S63 SnS 12 or as part of a court record, IS DELETED or ERASED.