QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.346Consideration of application
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### sec.346 Consideration of application
Before deciding an application for approval of the exercise of powers under an emergency authorisation given under section 343 , the judge must, in particular, and being mindful of the highly intrusive nature of using a surveillance device, consider the following—
the nature of the risk of serious violence to a person or substantial damage to property;
the extent to which issuing a surveillance device warrant would have helped reduce or avoid the risk;
the extent to which law enforcement officers could have used alternative methods of investigation to help reduce or avoid the risk;
how much the use of alternative methods of investigation could have helped reduce or avoid the risk;
how much the use of alternative methods of investigation would have prejudiced the safety of the person or property because of delay or for another reason;
whether or not it was practicable in the circumstances to apply for a surveillance device warrant;
any submissions made by a monitor.
s 346 ins 2005 No. 45 s 12
- (a) the nature of the risk of serious violence to a person or substantial damage to property;
- (b) the extent to which issuing a surveillance device warrant would have helped reduce or avoid the risk;
- (c) the extent to which law enforcement officers could have used alternative methods of investigation to help reduce or avoid the risk;
- (d) how much the use of alternative methods of investigation could have helped reduce or avoid the risk;
- (e) how much the use of alternative methods of investigation would have prejudiced the safety of the person or property because of delay or for another reason;
- (f) whether or not it was practicable in the circumstances to apply for a surveillance device warrant;
- (g) any submissions made by a monitor.