❓ Hon Giz Watson questions the Corruption and Crime Commission on the use of surveillance device warrants, convictions resulting from their use, and the destruction of related records. The CCC provides data on warrants issued, convictions achieved, and compliance with record destruction requirements.
AnsweredQoN 350Legislative Council
QuestionView source ↗
(1) Since 1 July 2005, how many surveillance device warrants and emergency authorisations have been issued to an officer of the Corruption and Crime Commission?
(2) Since 1 July 2005, what is the number of convictions achieved as a result of records or reports obtained by use of a surveillance device under a warrant or emergency authorisation to an officer of the Corruption and Crime Commission?
(3) For how many of the surveillance device warrants and emergency authorizations issued to an officer of the Corruption and Crime Commission since 1 July 2005, have all records and reports been destroyed pursuant to section 41(1)(b) of the Act?
(2) Since 1 July 2005, what is the number of convictions achieved as a result of records or reports obtained by use of a surveillance device under a warrant or emergency authorisation to an officer of the Corruption and Crime Commission?
(3) For how many of the surveillance device warrants and emergency authorizations issued to an officer of the Corruption and Crime Commission since 1 July 2005, have all records and reports been destroyed pursuant to section 41(1)(b) of the Act?
AnswerView source ↗
Answered
8 April 2009
Responded by
Leader of the House representing the Premier
Response time
29 days
Corruption and Crime Commission advises:
(1) Between 1 July 2005 and 30 June 2008, 43 warrants were issued to the Commission pursuant to the
Surveillance Devices Act 1998
. There were no emergency authorisations.
(2) Between 1 July 2005 and 3 April 2009, there were 82 convictions involving Commission investigations that utilised surveillance device warrants. In addition, there are currently 51 charges before the courts involving Commission investigations that utilised surveillance device warrant.
(3) For materials it obtains through surveillance devices warrants, section 41(1)(b) of the
Surveillance Devices Act 1998
requires the Commission to destroy '
any record or report if satisfied that it is not likely to be required in connection with-
(i) the investigation in respect of which the warrant or emergency authorisation was issued or the investigation of another offence;
(ii) the making of a decision whether to prosecute for any offence; or
(iii) the prosecution of an offence
.
The Commission complies with this obligation by regularly reviewing its evidence holdings and assessing its ongoing evidence requirements against the status of individual investigations. The Commission has destroyed, or has authorised and is awaiting the programmed destruction of, the records and reports of five surveillance devices warrants. Evidence obtained from the majority of surveillance device warrants issued to the Commission either remains valuable to ongoing or related investigations or is required for prosecution-related processes.
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(1) Between 1 July 2005 and 30 June 2008, 43 warrants were issued to the Commission pursuant to the
Surveillance Devices Act 1998
. There were no emergency authorisations.
(2) Between 1 July 2005 and 3 April 2009, there were 82 convictions involving Commission investigations that utilised surveillance device warrants. In addition, there are currently 51 charges before the courts involving Commission investigations that utilised surveillance device warrant.
(3) For materials it obtains through surveillance devices warrants, section 41(1)(b) of the
Surveillance Devices Act 1998
requires the Commission to destroy '
any record or report if satisfied that it is not likely to be required in connection with-
(i) the investigation in respect of which the warrant or emergency authorisation was issued or the investigation of another offence;
(ii) the making of a decision whether to prosecute for any offence; or
(iii) the prosecution of an offence
.
The Commission complies with this obligation by regularly reviewing its evidence holdings and assessing its ongoing evidence requirements against the status of individual investigations. The Commission has destroyed, or has authorised and is awaiting the programmed destruction of, the records and reports of five surveillance devices warrants. Evidence obtained from the majority of surveillance device warrants issued to the Commission either remains valuable to ongoing or related investigations or is required for prosecution-related processes.
Notice: This document is created or edited using unregistered or evaluation copy of rtLib valid for testing or development purposes only. To use it for productive or any other purposes please register it. You may purchase the license on
http://www.rtlib.com
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