Consideration of application for surveillance warrant
123 Consideration of application for surveillance warrant
Before deciding an application for a surveillance warrant, the judge must, in particular, and being mindful of the highly intrusive nature of using a surveillance device, consider the following—
the nature and seriousness of the corruption;
the likely extent of interference with the privacy of—
the relevant person; or
any other occupant of the relevant place;
if the warrant is issued;
the extent to which issuing the warrant would help prevent, detect, or provide evidence of the commission of, the corruption;
the benefits derived from the issue of any previous surveillance warrants in relation to the relevant person or the relevant place;
the extent to which officers investigating the corruption have used or can use conventional ways of investigation;
how much the use of conventional ways of investigation would be likely to help in the investigation of the corruption;
how much the use of conventional ways of investigation would prejudice the investigation of the corruption because of delay or for another reason;
any submissions made by a monitor.
This Act’s bill:Explanatory memorandum
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