15—Surveillance device (tracking) warrant
(1) The chief officer
of an investigating agency to whom an application is made may issue a
surveillance device (tracking) warrant if satisfied that there are, in the
circumstances of the case, reasonable grounds for issuing the warrant, taking
into account—
(a) the
nature and gravity of the criminal conduct to which the investigation relates;
and
(b) the
availability of alternative means of obtaining the information; and
(c) any
other surveillance device warrant under this Act applied for or issued in
relation to the same matter; and
(d) any
other matter the chief officer considers relevant.
(2) A
surveillance device (tracking) warrant—
(a) must
specify—
(i)
the name of the applicant; and
(ii)
if the applicant is not to be the officer primarily
responsible for executing the warrant—the name of the
responsible officer; and
(iii)
the name of the issuing officer; and
(iv)
the kind of tracking device authorised to be used under
the warrant; and
(v)
if the warrant authorises the use of a tracking device in
respect of the geographical location of a person—
(A) the name of the person (if known); or
(B) if the name of the person is
unknown—that fact and a general description of the person; and
(vi)
the period for which the warrant will be in force (being
a period not longer than 90 days); and
(b) may
contain—
(i)
conditions and limitations; and
(ii)
any other matter,
as the issuing officer thinks fit.
(3) Subject to any
conditions or limitations specified in the surveillance device (tracking)
warrant—
(a) a
warrant authorising the use (in a public place or elsewhere) of a
tracking device in respect of the geographical location of a specified person
or a person whose specific identity is unknown who, according to the terms of
the warrant, is suspected on reasonable grounds of having committed, or being
likely to commit, a serious offence will be taken to authorise interference
with any vehicle or thing situated in a public place, or in the lawful custody
of the relevant investigating agency, as reasonably required to install, use,
maintain or retrieve the device for that purpose; and
(b) a
warrant authorising (whether under the terms of the warrant or by force of
paragraph (a)) interference with any vehicle or thing in a public place,
or in the lawful custody of the relevant investigating agency, will be taken
to authorise the use of reasonable force or subterfuge for that purpose; and
(c) the
powers conferred by the warrant may be exercised by the responsible officer or
under the authority of the responsible officer at any time and with such
assistance as is necessary.
(4) If the
chief officer of the investigating agency is satisfied that the grounds on
which a surveillance device (tracking) warrant was issued have ceased to
exist, the chief officer must, if the warrant is still in force, cancel the
warrant by instrument in writing.
(5) A
surveillance device (tracking) warrant may, at any time, be cancelled by
instrument in writing by the chief officer of the investigating agency.