Interception Devices

Question 1

What is a Surveillance device (SD)?

Answer 1

SD is a visual SD, a tracking device OR an interception device. Assists and enhances normal capabilities to carry out surveillance.

a) Visual SD - assists with observe and/or record
b) Interception device - assists with hear and/or record
c) Tracking device - assists to locate a person, thing or ascertain whether anything has been handled.

Question 2

Trespass Surveillance - do you need a warrant?

Answer 2

Yes.

Question 3

Trespass Surveillance - are there restrictions?

Answer 3

Can only use a Visual SD - for serious offences only.

Question 4

Interception Device - are there restrictions?

Answer 4

Only can use S/S for offences under 7 years. Offences 7 years or more, SD warrant required.

Question 5

Exceptions for NOT obtaining a SD warrant for Interception Device?

Answer 5

If one of the parties consents to the covert recording.

Question 6

Situations of Emergency - When does a SW not required (Section 48 of S/S) for a SD?

Answer 6

• Punishable by 14 years of imprisonment or more
• An Arms Act 1983 offence
• A Drug Offence
• Likely to cause injury or serious property loss/damage and surveillance is necessary to prevent offending from being committed or continuing
• Presents risk to life and safety and surveillance is necessary

Question 7

What was found in R v McGinty (1983)

Answer 7

Was decided under the Misuse of Drugs Amendment Act (1978) interception warrant (now repealed), it was held that a Judge is not required to refuse to issue a warrant merely because Police have not exhausted every conceivable alternative investigation technique.

Question 8

Criteria for issuing a Surveillance Device Warrant?

Answer 8

RGS - an offence has been committed, is being committed or about to be committed specified in Column 2 of sch authorizes enforcement officer to apply for Warrant.
RGB - use of surveillance device will obtain information that is evidential material in respect of the offence.

Question 9

What is Section 46 of Evidence Act 2006?

Answer 9

Grants privilege to informers that protects their identity and extends to information that is likely to disclose that identity.

Question 10

Application for a Surveillance Warrant - Section 49 of S/S - what does it entail?

Answer 10

• Must be made by an enforcement officer.
• Must contain certain particulars.

Question 11

Application for Surveillance Warrant - what information does the application need?

Answer 11

• Name of Judge and date
• Type of surveillance device
• Name, address or description of the person, place or vehicle or other thing that is object of the proposed surveillance
• The evidential material that may be obtained by the use of the surveillance device.
• Enforcement officer may use any assistance that is reasonable in circumstances.
• Provisions as to entry and use of force
• Provisions as to provision of call associated data of the Telecommunication

Question 12

Section 59 - Reporting Requirements - What are the timeframes to provide a written report to the issuing Judge/Judge of the same Court?

Answer 12

Within 1 month after the expiry of the period for which the warrant is in force.

Question 13

Who can apply for a Surveillance Device Warrant?

Answer 13

Must be made by an enforcement officer which includes constables.

Question 14

Who can assist with a Surveillance Device Warrant?

Answer 14

• Any or all of the persons to whom it is directed.
• Any assistance, who is called upon to help him/her carry out the activities
• Who at all times that he or she is carrying out activities authorized by the warrant, remains under the supervision of a person specified.