Power to give tracking device authorisation
348A Power to give tracking device authorisation
A senior officer of the police service may authorise a police officer to use a tracking device for a stated period (the authorisation period) to find or monitor the geographical location of a person if—
the person is to be taken into custody; and
the senior officer is satisfied on reasonable grounds that—
taking the person into custody may pose a serious risk to the safety of the person or another person; and
the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.
An authorisation given under subsection (1) is a tracking device authorisation.
The authorisation period for a tracking device authorisation must not be longer than 48 hours after the authorisation is given.
Section 332(1) to (5) applies to a tracking device authorisation as if a reference in the subsections to a surveillance device warrant were a reference to a tracking device authorisation.
However—
section 332(2) and (4) applies to a tracking device authorisation subject to any conditions of the authorisation; and
a tracking device authorisation must not authorise entry into a dwelling—
to install a tracking device or enhancement equipment in the dwelling; or
to retrieve a tracking device or enhancement equipment from the dwelling.
A tracking device authorisation authorises the use of the tracking device stated in the authorisation and any enhancement equipment for the purpose of retrieving the device and equipment.
This Act’s bill:Explanatory memorandum
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