SURVEILLANCE DEVICES ACT 1999 - SECT 30 Judge may approve emergency use of powers
SURVEILLANCE DEVICES ACT 1999 - SECT 30
Judge may approve emergency use of powers(1) After considering an application for approval in respect of an emergency authorisation given under section 26, the judge may approve the application if satisfied that there were reasonable grounds to suspect or believe that—
(a) there was a risk of serious violence to a person or substantial damage to property; and
(b) using a surveillance device may have helped reduce the risk; and
(c) it was not practicable in the circumstances to apply for a surveillance device warrant.
(2) After considering an application for approval in respect of an emergency authorisation given under section 27, the judge may approve the application if satisfied that—
(a) the circumstances of the case were serious and urgent; and
(b) using a surveillance device may have helped to obtain evidence or information of the commission of the offence or the identity or location of the offender; and
(c) it was not practicable in the circumstances to apply for a surveillance device warrant.
(3) If the judge approves an application under this section, the judge may issue a surveillance device warrant for the continued use of the surveillance device as if the application were an application for a surveillance device warrant under Subdivision 2 of Division 1.
(4) If the judge does not approve an application under this section, the judge may—
(a) order that the use of the surveillance device cease; and
(b) authorise, subject to any conditions the judge thinks fit, the retrieval of the surveillance device.
(5) In any case, the judge may order that any information obtained from or relating to the exercise of powers under the emergency authorisation or any record of that information be dealt with in the way specified in the order.
S. 30A inserted by No. 26/2004 s. 10.