Which option lists the five elements of the 100a surveillance requirements?

Prepare for the KOPIA Criminal Procedure Practice Test. Study with flashcards, multiple choice questions, hints, and detailed explanations. Ready yourself for success!

Multiple Choice

Which option lists the five elements of the 100a surveillance requirements?

Explanation:
Surveillance under 100a is allowed only if five specific conditions are met: there is suspicion of criminal conduct; the offence involved is serious; there is subsidiarity, meaning no less intrusive means are available; the measures are proportional and fit within a defined closed list for proportionality; and the targeted persons fall within the personal scope. The best choice lists these five exactly with their corresponding subsections: suspicion of criminal conduct 100a(1)(1); serious criminal offence 100a(1)(2); subsidiarity (no less restrictive measures) 100a(1)(3); proportionality closed list 100a(1); personal scope 100a(2). The other options miss one or more of these elements, such as omitting personal scope or not including the seriousness requirement or subsidiarity or the explicit proportionality constraint, so they don’t align with the full set required by the statute.

Surveillance under 100a is allowed only if five specific conditions are met: there is suspicion of criminal conduct; the offence involved is serious; there is subsidiarity, meaning no less intrusive means are available; the measures are proportional and fit within a defined closed list for proportionality; and the targeted persons fall within the personal scope. The best choice lists these five exactly with their corresponding subsections: suspicion of criminal conduct 100a(1)(1); serious criminal offence 100a(1)(2); subsidiarity (no less restrictive measures) 100a(1)(3); proportionality closed list 100a(1); personal scope 100a(2). The other options miss one or more of these elements, such as omitting personal scope or not including the seriousness requirement or subsidiarity or the explicit proportionality constraint, so they don’t align with the full set required by the statute.

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy