Drug dealing offences for the purposes of electronic investigations include?
Any offence under section 6 of MODA 1975 which involve class A, B or C class drugs and certain offences under the psychoactive substances act 2013.
Evidential material is?
Means evidence of the offence or any other item, tangible or intangible, of relevance to the investigation of the offence.
Interception device is?
Any electronic, mechanical instrument, apparatus or equipment or other device that is used or capable of being used to intercept or record private communication.
Visual surveillance device is?
Means any electronic or mechanical instrument, apparatus, equipment or other device that is used or capable of being used to observed, or to observe and record private activity.
What are the types of surveillance devices?
- an interception device
- a tracking device
- a visual surveillance device
They assist and enhance your normal ability to carry out surveillance.
A tracking device is?
A device that may be used to help ascertain the location of a thing or whether a thing has been opened or tampered with.
Private communication is?
Communication made under circumstances that may reasonably be taken to indicate that any party to that communication desires it to be confined to those parties.
Does not include communication in circumstances in which any party ought reasonable to expect the communication may be intercepted by some other party without their consent.
What is trespass surveillance?
Surveillance that involves the trespass onto private property. Can only be used for 7 year offences.
Section 46 S&S act 2012, activities that require a SDW are?
- Use of device to intercept private communications.
- Use of a tracking device to except one used solely for ascertaining if something has been opened or tampered with.
- observation of private activity on private property by use of a device.
- trespass surveillance.
- observation of private activity on the curtilage of private property that exceeds 3 hours in any 24 period or 8 hours in total.
Section 47 S&S act 2012 activities not requiring a SDW are?
- being lawfully on private property and recording what they can observe or hear provided it can be observed or heard without the enhancement of a device.
- covert audio recording of private communication with the voluntary consent of one of the parties.
- activities authorised under any other Act.
Interception device warrant restrictions are?
Must be a 7 year offence or
Certain arms Act 1983 offences
Section 48 S&S act 2012 emergency powers are only permitted in what circumstances?
- A 14 year offence
- an Arms act offence
- a drug offence
- offence likely to cause injury or serious property damage and surveillance is required to prevent offending.
- offence is presenting a risk to life and surveillance is necessary as an emergency response.
Section 57 S&S 2012 states?
If evidential material obtained as a result of a SDW is in relation to a different offence for which the SDW was issued it is admissible as long as a SDW could have been issued for the extra offence. (Ie meets the criteria for a SDW)
The criteria for issuing a SDW under section 51 S&S act 2012 is?
- reasonable grounds to suspect an qualifying offence has, is or will be committed.
- reasonable grounds to believe that the surveillance device will obtain evidential material in respect of that offence.
Section 64 of the evidence act 2006 states?
Informers have privilege in respect of their identity. Informers are-
- A person who has supplied information about the commission of an offence in circumstances in which the person has a reasonable expectation their identity will not be disclosed.
- is not called by prosecution to give evidence.
- an informer maybe an undercover police officer.
Who can apply for a SDW?
Under section 49 a SDW must be made by an enforcement officer.
A SDW application must contain?
- be in the proscribed form.
- be directed to every enforcement officer who has authority to carry out the surveillance activities.
- the time it will be in force for (60 days)
- contains a condition as to providing a SDW report.
- contain a condition as to privilege.
Other particulars that should be in a SDW application are?
- Name of issuing judge and the date
- type of surveillance device
- details of the object of the SDW
- the evidential material that may be obtained.
- provisions of entry and use of force.
- reasonable assistance for the enforcement officer.
SDW reporting requirements?
Under section 59 of the S&S act 2012 a report within 1 month of the expiry of the SDW needs to go to the issuing judge.
Disposal of surveillance data under section 63 of the S&S act 2012 states?
Surveillance data may be retained until:
- the conclusion of the criminal proceedings.
- the conclusion of any appeal.
- up until 3 years if no criminal proceedings have commenced.
Who may carry out a SDW?
Under section 56 of S&S act 2012 a SDW can be carried out by any or all persons who it is directed or any assistant called upon who is under the supervision of the person directed in the SDW.
A electronic operation must always have the prior approval of who?
The district commander.
CMC stands for?
Crime monitoring centre.
CMC use what software for transcribing intercepted communications?
4sight UCM
