Law Notes Litigation - Criminal Procedure Rules Notes
These notes aim to set out the relevant legal principles, and material facts from cases in order to demonstrate how those legal principles have been applied. Because of how heavily statute-focused this topic is, in some places I've extracted the relevant statute in the text or in a 'comment'.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also 'checklists', which you can use during revisions or ex...
The following is a more accessible plain text extract of the PDF sample above, taken from our Litigation - Criminal Procedure Rules Notes. Due to the challenges of extracting text from PDFs, it will have odd formatting:
7/8b Covert Search Warrants 1
1 Applying and issuing a covert search warrant 2
2a Covert Search warrant Execution: entry 13
2b: execution: Search 17
2c CSW Execution: seizure 19
2d report by eligible issuing officer 22
Intro to search warrant questions: In considering the validity of the evidence obtained from the covert swearch warrant (CSW), we must consider:
Note that there must be strict compliance with statutory conditions for warrants (George v Rockett).
(Possible stuff to mention: Note that unless entry and search of a person’s property is authorized under a valid warrant the police will have committed a trespass (Coco v Queen) and any seizure of evidence will be unlawful, and its admissibility (in a trial involving the occupier of the premises) can be challenged under s 138 Evidence Act 1995 (NSW).
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Applying officer’s eligibility and state of mind:
Authorising the application:
So note: two requirements: (1) applicant must have state of mind and (2) applicant must be authorised by superintended or higher who has same state of mind: s 46C(2).Covert search warrants only require reasonable grounds to suspect rather than believe. The suspicion is required to be held by the applicant and the authorizing officer. The suspicion also has a greater period to come to fruition – 10 days for covert search warrants compared to 72 hours ie 3 days for standard (Search warrants). Other requirements:
Issuing officer:
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1. Eligible applicant? | 1 State power to apply for CSW: An eligible applicant may aply to an eligible issuing officer for a CSW under s 47(3). An application for a CSW may be made by an eligible applicant (s 46C(1)). This is:
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Buy the full version of these notes or essay plans and more in our Litigation - Criminal Procedure Rules Notes.
These notes aim to set out the relevant legal principles, and material facts from cases in order to demonstrate how those legal principles have been applied. Because of how heavily statute-focused this topic is, in some places I've extracted the relevant statute in the text or in a 'comment'.
At the beginning of each document on each topic, there is a table of contents (hyperlinked so you can navigate easily through the document), and also 'checklists', which you can use during revisions or ex...
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