QLDIn ForceAct
Police Powers and Responsibilities Act 2000
sec.348APower to give tracking device authorisation
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### sec.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.
s 348A ins 2017 No. 30 s 15
(sec.348A-ssec.1) 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.
(sec.348A-ssec.2) An authorisation given under subsection (1) is a tracking device authorisation .
(sec.348A-ssec.3) The authorisation period for a tracking device authorisation must not be longer than 48 hours after the authorisation is given.
(sec.348A-ssec.4) 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.
(sec.348A-ssec.5) 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.
(sec.348A-ssec.6) 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.
- (a) the person is to be taken into custody; and
- (b) the senior officer is satisfied on reasonable grounds that— (i) taking the person into custody may pose a serious risk to the safety of the person or another person; and (ii) the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.
- (i) taking the person into custody may pose a serious risk to the safety of the person or another person; and
- (ii) the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.
- (i) taking the person into custody may pose a serious risk to the safety of the person or another person; and
- (ii) the use of a tracking device will help in taking the person into custody at a time or location that minimises the risk.
- (a) section 332 (2) and (4) applies to a tracking device authorisation subject to any conditions of the authorisation; and
- (b) a tracking device authorisation must not authorise entry into a dwelling— (i) to install a tracking device or enhancement equipment in the dwelling; or (ii) to retrieve a tracking device or enhancement equipment from the dwelling.
- (i) to install a tracking device or enhancement equipment in the dwelling; or
- (ii) to retrieve a tracking device or enhancement equipment from the dwelling.
- (i) to install a tracking device or enhancement equipment in the dwelling; or
- (ii) to retrieve a tracking device or enhancement equipment from the dwelling.