Section 312CA — Crimes Act 1961: Application by Police for warrant to intercept private communications in relation to serious violent offences

312CA Application by Police for warrant to intercept private communications in relation to serious violent offences (1) An application may be made in accordance with this section to a Judge of the High Court for a warrant for any member of the Police to intercept a private communication by means of an interception device in any case where there are reasonable grounds for believing that,— (a) A serious violent offence has been committed, or is being committed, or is about to be committed; and (b) Where that serious violent offence has yet to be committed, the use of an interception device to intercept private communications is likely to prevent the commission of the offence; and (c) It is unlikely that the Police investigation of the case could be brought to a successful conclusion or, as the case may be, the commission of the serious violent offence prevented, without the granting of such a warrant. (2) Every application under subsection (1) must be made by a commissioned officer of Police, in writing, and on oath, and must set out the following particulars: (a) The facts relied on to show that there are reasonable grounds for believing that,— (i) A serious violent offence has been committed, or is being committed, or is about to be committed; and (ii) Where that serious violent offence has yet to be committed, the use of an interception device to intercept private communications is likely to prevent the commission of the offence; and (b) A description of the manner in which it is proposed to intercept private communications; and (c) Either,— (i) The name and address, if known, of the suspect the interception of whose private communications there are reasonable grounds for believing will assist the Police investigation of the case or, as the case may be, prevent the commission of a serious violent offence; or (ii) if the name and address of the suspect are not known, a general description of the premises, place, thing, or type of facility in respect of which it is proposed to intercept private communications, being premises or a place, thing, or type of facility believed to be used for any purpose by any person— (A) whom it is believed has committed or is committing or is about to commit a serious violent offence; or (B) whom it is believed was involved or is involved or will be involved in the commission of a serious violent offence; and. (d) The period for which a warrant is requested; and (e) Whichever of the following is applicable: (i) The other investigative procedures and techniques that have been tried but have failed to facilitate the successful conclusion of the Police investigation of the case or, as the case may be, to provide assistance in preventing the commission of a serious violent offence, and the reasons why they have failed in that respect; or (ii) The reasons why it appears that other investigative procedures and techniques are unlikely to facilitate the successful conclusion of the Police investigation of the case or, as the case may be, prevent the commission of a serious violent offence, or are likely to be too dangerous to adopt in the particular case; or (iii) The reasons why it is considered that the case is so urgent that it would be impractical to carry out the Police investigation using only investigative procedures and techniques other than the interception of private communications. Sections 312CA and 312CB were inserted, as from 1 February 1998, by section 11 Crimes Amendment Act (No 2) 1997 (1997 No 93). Section 312CA was amended, as from 1 October 2003, by section 21(1) Crimes Amendment Act 2003 (2003 No 39) by substituting the words “ an interception device ” for the words “ a listening device ” wherever they appear. Subsection (2)(c)(ii) was substituted, as from 1 October 2003, by section 21(2) Crimes Amendment Act 2003 (2003 No 39).