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Search and Surveillance Act 2012

Enforcement officers' powers and orders - Surveillance device warrants and declaratory orders - Surveillance device warrants

47: Some activities that do not require warrant under this subpart

You could also call this:

"When enforcement officers don't need a special permit to do their job"

If you are an enforcement officer, you do not need a warrant for some activities. You can record what you see or hear when you are lawfully in private premises, as long as you do not use a surveillance device. You can also make covert audio recordings of conversations between people if at least one of them agrees to it.

You do not need a warrant if you are doing something under an authorisation issued under Part 4 of the Intelligence and Security Act 2017. If another law says you can use a surveillance device, you do not need a warrant under this law either.

If you want to make a covert audio recording of a conversation, you can still apply for a warrant even if you do not need one.

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Topics:
Crime and justice > Police and safetyRights and equality > Privacy
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46: Activities for which surveillance device warrant required, or

"When police need a special permit to spy on people"

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48: Surveillance device warrant need not be obtained for use of surveillance device in some situations of emergency or urgency, or

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Part 3Enforcement officers' powers and orders
Surveillance device warrants and declaratory orders: Surveillance device warrants

47Some activities that do not require warrant under this subpart

  1. No warrant under this subpart is required by an enforcement officer for any 1 or more of the following activities:

  2. the enforcement officer—
    1. being lawfully in private premises; and
      1. recording what he or she observes or hears there (provided that the enforcement officer records only those matters that he or she could see or hear without the use of a surveillance device):
      2. covert audio recording of a voluntary oral communication between 2 or more persons made with the consent of at least 1 of them:
        1. activities carried out under an authorisation issued under Part 4 of the Intelligence and Security Act 2017:
          1. activities carried out by the enforcement officer's use of a surveillance device, if that use is authorised under any enactment other than this Act.

            1. Subsection (1)(b) does not prevent an enforcement officer from applying for a warrant authorising covert audio recording in the circumstances set out in that subsection.

            Notes
            • Section 47(1)(c): replaced, on , by section 335 of the Intelligence and Security Act 2017 (2017 No 10).