New Bill would boost police undercover monitoring tools

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THE proposed Police Bill 2026 would give Fiji Police Force new powers to seek covert surveillance warrants allowing officers to secretly monitor and record a person’s activities and communications, including telecommunications, in investigations involving serious offences.

Under Clause 57 of the Bill, a senior police officer may apply to an issuing authority for a covert surveillance warrant authorising “the covert monitoring and recording, by any means, of any conduct and communication, including telecommunication, of a person”.

The application can only be made where police have reasonable grounds to suspect that a person has committed, is committing, or is about to commit a covert operation offence.

The Bill requires officers to provide detailed information when seeking a warrant, including the facts supporting their suspicions, how the monitoring will be conducted, the identity of the person being monitored if known, the location of the surveillance and the duration requested.

In urgent circumstances, the legislation would allow applications to be made orally, including by telephone, where a written application is not reasonably practicable.

Clause 58 provides that an issuing authority may grant the warrant if satisfied there are reasonable grounds to suspect the offence has been, is being, or is about to be committed.

The proposed warrant would allow police officers to enter premises specified in the warrant, either overtly or covertly.

“The covert surveillance warrant may authorise a police officer to overtly or covertly enter or, in the case of a renewed warrant, re-enter any place specified in the warrant, by force if necessary, for the purpose of executing the warrant,” the Bill states.

The legislation would also permit continued monitoring under renewed warrants, with applications for renewal allowed where necessary.

The proposed provisions form part of broader reforms contained in the Police Bill 2026, which was tabled in Parliament this week.

If passed, the measures would significantly expand the investigative tools available to police in combating serious criminal activity, while also raising questions about privacy protections, oversight mechanisms and the scope of covert surveillance powers.