Reserved judgment — driving while disqualified — pretrial decision — admissibility of evidence — whether evidence legally obtained — automatic number plate recognition software — number plate scanning — "tracking device" — "tracking" — Search and Surveillance Act 2012, ss 3 & 46 — Evidence Act 2006 — Land Transport Act 1998, s 114. The defendant faced a charge of driving while disqualified. He had been arrested by a police officer, who had determined by use of automatic number plate recognition software that the defendant was a disqualified driver. The defendant argued that the software was a tracking device, and that the officer had required a warrant to use it. Therefore, the evidence was illegally obtained and should be excluded. The officer gave evidence explaining that the software worked by scanning the number plates of passing vehicles and then comparing the number plates against the police database. If a match was found, the officer would be notified by an alert on a screen in his car. The officer submitted that the software did not track vehicles or provide their location. The Court considered that the functions of the software were actually similar to routine police work carried out manually, albeit more efficient. The Court found that the software was not a "tracking device" as defined in the Search and Surveillance Act, so no warrant was required for its use. The evidence was admissible. Even if the Court was wrong to reach this conclusion, the evidence would still be admissible given that the defendant had no reasonable expectation of privacy while driving along a public road. Judgment Date: 13 September 2021