sec.331What must a surveillance device warrant contain

### sec.331 What must a surveillance device warrant contain A surveillance device warrant must— state that the judge or magistrate is satisfied of the matters mentioned in section 330 (1) and has had regard to the matters mentioned in section 330 (2) ; and state— the applicant’s name; and the relevant offence in relation to which the warrant is issued; and the date and time the warrant is issued; and the kind of surveillance device authorised to be used; and if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and the name of the law enforcement officer primarily responsible for executing the warrant; and any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made. For a warrant mentioned in subsection (1) (b) (viii) , if the identity of the person is unknown, the warrant must state that fact. A warrant must be signed by the person issuing it and include their name. See section 801 (1) for records the issuer must keep for surveillance device warrants issued on a remote application. s 331 ins 2005 No. 45 s 12 amd 2016 No. 62 s 493 s ch 1 pt 1 ; 2017 No. 30 s 8 (sec.331-ssec.1) A surveillance device warrant must— state that the judge or magistrate is satisfied of the matters mentioned in section 330 (1) and has had regard to the matters mentioned in section 330 (2) ; and state— the applicant’s name; and the relevant offence in relation to which the warrant is issued; and the date and time the warrant is issued; and the kind of surveillance device authorised to be used; and if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and the name of the law enforcement officer primarily responsible for executing the warrant; and any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made. (sec.331-ssec.2) For a warrant mentioned in subsection (1) (b) (viii) , if the identity of the person is unknown, the warrant must state that fact. (sec.331-ssec.3) A warrant must be signed by the person issuing it and include their name. See section 801 (1) for records the issuer must keep for surveillance device warrants issued on a remote application. - (a) state that the judge or magistrate is satisfied of the matters mentioned in section 330 (1) and has had regard to the matters mentioned in section 330 (2) ; and - (b) state— (i) the applicant’s name; and (ii) the relevant offence in relation to which the warrant is issued; and (iii) the date and time the warrant is issued; and (iv) the kind of surveillance device authorised to be used; and (v) if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and (vi) if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and (vii) if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and (viii) if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and (ix) the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and (x) the name of the law enforcement officer primarily responsible for executing the warrant; and (xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and (xii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made. - (i) the applicant’s name; and - (ii) the relevant offence in relation to which the warrant is issued; and - (iii) the date and time the warrant is issued; and - (iv) the kind of surveillance device authorised to be used; and - (v) if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and - (vi) if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and - (vii) if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and - (viii) if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and - (ix) the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and - (x) the name of the law enforcement officer primarily responsible for executing the warrant; and - (xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and - (xii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made. - (i) the applicant’s name; and - (ii) the relevant offence in relation to which the warrant is issued; and - (iii) the date and time the warrant is issued; and - (iv) the kind of surveillance device authorised to be used; and - (v) if the warrant authorises the use of a surveillance device on premises—the premises where the use of the surveillance device is authorised; and - (vi) if the warrant authorises the use of an optical surveillance device in a dwelling, other than a device that is portable or already in the dwelling—the parts of the dwelling in which the device may be installed; and - (vii) if the warrant authorises the use of a surveillance device in or on a vehicle, object or class of vehicle or object—the vehicle, object or class of vehicle or object in or on which the use of the surveillance device is authorised; and - (viii) if the warrant authorises the use of a surveillance device in relation to the conversations, activities or geographical location of a person—the name of the person, if known; and - (ix) the period, of not more than 90 days, during which the warrant is in force, and the day and time the warrant starts and when the warrant ends; and - (x) the name of the law enforcement officer primarily responsible for executing the warrant; and - (xi) any conditions subject to which premises may be entered, or a surveillance device may be used, under the warrant; and - (xii) the time within which a report in relation to the warrant must be made under section 357 and to whom the report must be made.