sec.43EPower to authorise use of surveillance device

### sec.43E Power to authorise use of surveillance device This section applies if a commissioned officer reasonably suspects that— an emergency (the relevant emergency ) involves, may involve or may lead to a serious risk to the life, health or safety of a person; and the use of a surveillance device will help to reduce the risk. The commissioned officer may authorise a police officer to use a surveillance device, in the emergency area and during the period of the relevant emergency, to assess and monitor the risk. An authorisation given under subsection (2) is a surveillance device authorisation . The Police Powers and Responsibilities Act 2000 , section 332 (1) to (5) applies to a surveillance device authorisation as if a reference in the subsections to a surveillance device warrant were a reference to a surveillance device authorisation. However, section 332 (2) and (4) of that Act applies to a surveillance device authorisation subject to any conditions of the authorisation. A surveillance device authorisation authorises the use of the surveillance device stated in the authorisation and any enhancement equipment for the purpose of retrieving the device and equipment. This section does not stop a police officer from— using an optical surveillance device in a place where the presence of the police officer is not an offence; or using a listening device, in a place where the presence of the police officer is not an offence, to overhear, record, monitor or listen to a conversation, if the use is not an offence against the Invasion of Privacy Act 1971 , section 43 (1) . In this section— emergency area means— if the relevant emergency is an emergency situation that has been declared to exist— the area specified for the emergency situation; or if the relevant emergency is a terrorist emergency—the declared area for the terrorist emergency; or if the relevant emergency is a CBR emergency—an area that is or may be affected by a CBR substance involved in the CBR emergency. listening device see the Police Powers and Responsibilities Act 2000 , schedule 6 . optical surveillance device see the Police Powers and Responsibilities Act 2000 , section 322 . s 43E ins 2017 No. 30 s 39 (sec.43E-ssec.1) This section applies if a commissioned officer reasonably suspects that— an emergency (the relevant emergency ) involves, may involve or may lead to a serious risk to the life, health or safety of a person; and the use of a surveillance device will help to reduce the risk. (sec.43E-ssec.2) The commissioned officer may authorise a police officer to use a surveillance device, in the emergency area and during the period of the relevant emergency, to assess and monitor the risk. (sec.43E-ssec.3) An authorisation given under subsection (2) is a surveillance device authorisation . (sec.43E-ssec.4) The Police Powers and Responsibilities Act 2000 , section 332 (1) to (5) applies to a surveillance device authorisation as if a reference in the subsections to a surveillance device warrant were a reference to a surveillance device authorisation. (sec.43E-ssec.5) However, section 332 (2) and (4) of that Act applies to a surveillance device authorisation subject to any conditions of the authorisation. (sec.43E-ssec.6) A surveillance device authorisation authorises the use of the surveillance device stated in the authorisation and any enhancement equipment for the purpose of retrieving the device and equipment. (sec.43E-ssec.7) This section does not stop a police officer from— using an optical surveillance device in a place where the presence of the police officer is not an offence; or using a listening device, in a place where the presence of the police officer is not an offence, to overhear, record, monitor or listen to a conversation, if the use is not an offence against the Invasion of Privacy Act 1971 , section 43 (1) . (sec.43E-ssec.8) In this section— emergency area means— if the relevant emergency is an emergency situation that has been declared to exist— the area specified for the emergency situation; or if the relevant emergency is a terrorist emergency—the declared area for the terrorist emergency; or if the relevant emergency is a CBR emergency—an area that is or may be affected by a CBR substance involved in the CBR emergency. listening device see the Police Powers and Responsibilities Act 2000 , schedule 6 . optical surveillance device see the Police Powers and Responsibilities Act 2000 , section 322 . - (a) an emergency (the relevant emergency ) involves, may involve or may lead to a serious risk to the life, health or safety of a person; and - (b) the use of a surveillance device will help to reduce the risk. - (a) using an optical surveillance device in a place where the presence of the police officer is not an offence; or - (b) using a listening device, in a place where the presence of the police officer is not an offence, to overhear, record, monitor or listen to a conversation, if the use is not an offence against the Invasion of Privacy Act 1971 , section 43 (1) . - (a) if the relevant emergency is an emergency situation that has been declared to exist— the area specified for the emergency situation; or - (b) if the relevant emergency is a terrorist emergency—the declared area for the terrorist emergency; or - (c) if the relevant emergency is a CBR emergency—an area that is or may be affected by a CBR substance involved in the CBR emergency.