3. Drugs and mental Health

Question 1

Must Know - What is the procedure for an unplanned entry into a clan lab?

Answer 1

In an unplanned entry situation Police should:

• immediately remove persons of interest from the premises;
• isolate the site and maintain a safety perimeter;
• preserve the crime scene;
• notify their duty Inspector or Duty NCO, contact the NCLRT and where appropriate the local fire service and ambulance;
• seek advice from a NCLRT member or the Fire Service about decontamination procedures;
• occupants of the address and staff who have entered the address are to remain separated until decontamination issues have been addressed;
• seek medical advice if you experience any adverse effects.

Question 2

Must - Know What must you never do?

Answer 2

Touch, handle, move, disconnect, deactivate or operate anything

Question 3

Must Know - Section 20 – Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences. What are the 3 grounds of belief ?

Answer 3

A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—

1. to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is—
   
   1. a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
   2. a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
   3. a controlled drug specified or described in Part 1 of Schedule 3 of the

Misuse of Drugs Act 1975; or

1. a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975; and
2. to suspect that in or on the place or vehicle an offence against the Misuse of Drugs Act 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
3. to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.

Question 4

Warrantless searches of people found in or on places or vehicles. Do I need to use another search power?

Answer 4

No, This means that is search any place or vehicle under section 20 then you can search the persons found on or in.

Question 5

Must know - Section 22. Warrantless searches of people in relation to drugs What is the key?

Answer 5

1. A constable may, in the circumstances set out in subsection (2), search a person without a warrant.
2. The circumstances are that the constable has reasonable grounds—
3. to Believethat the person is in possession of —
   
   1. a controlled drug specified or described in Schedule 1 of the Misuse of Drugs Act 1975; or
   2. a controlled drug specified or described in Part 1 of Schedule 2 of the Misuse of Drugs Act 1975; or
   3. a controlled drug specified or described in Part 1 of Schedule 3 of the Misuse of Drugs Act 1975; or
   4. a precursor substance specified or described in Part 3 of Schedule 4 of the Misuse of Drugs Act 1975;

AND

1. to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
2. This section does not—
   1. limit section 20 or 21; or
   2. authorise a constable to enter or search a place or vehicle except in accordance with those sections.

Question 6

Who can approve searches

Answer 6

NCO or above unless not practicable

Question 7

Section 124 Search and Surveillance Act 2012 –Internal searches generally prohibited

What is an internal search?

Answer 7

an X-ray machine

or other similar device, or a manual

or

visual examination (whether or not facilitated by any instrument or device) through any body orifice.

Question 8

What is not an internal search?

Answer 8

Any Constable or authorised officer may conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose, and ears, but must not insert any instrument, device, or thing into any of those orifices.

A visual examination in these circumstances is not an “internal search” and is permitted as part of a rub-down search.

Question 9

Must Know - Case Law Hill v Attorney- General (1990) The two step process for believing on reasonable grounds that a controlled drugs are in a house or vehicle. Taxi driver. What are the two steps?

Answer 9

Reasonable ground for belief” will usually be a two step process:

• First, are there reasonable grounds for believing a controlled drug is in the house, vehicle etc, in respect of which an offence against the Act has been or is being committed; AND

• Second, are there reasonable grounds for believing the drug involved is one of those specified. You must turn your mind to and know what drug you are looking for.

Question 10

Must Know- Case Law - Collins v Police demeanour, appearance and “reasonable grounds to believe” This related to the officers observations, what was the finding?

Answer 10

demeanour and appearance, whilst perhaps warranting strong grounds for suspicion and, seemingly, an actual belief in the consumption by the officers concerned, did not provide police with reasonable grounds for the belief under the Act. on its facts, evidence of demeanour and appearance alone is unlikely to justify a search under the Search and Surveillance Act provisions

Question 11

Must Know - Case law R v T internal search. This is where something was concealed in her mouth? The appellant was then laid face-first on a bed and again was told to spit out the object. Eventually she spat out a large roll of Glad wrap which was later found to contain 17 morphine sulphate tablets.

Answer 11

not been an internal search within the ambit of the section.

The prohibition in the section is of a manual or visual examination of the interior of the mouth and does not prohibit the viewing of what can be seen by normal observation of the face, and when the mouth is open for speech.

The Court noted that the purpose of the section is to prevent invasion of the body contrary to accepted standards of dignity and privacy and, although the police had restrained the appellant (to prevent her swallowing) their conduct had not amounted to an internal examination.

Question 12

R v Roulston internal search, The appellant was strip-searched by police pursuant to the Misuse of Drugs Act 1975. In the course of removing his underpants a small package subsequently found to contain restricted drugs was seen in the crutch of his underpants. The appellant placed the package in his mouth. It appeared to the constable that the appellant was attempting to swallow it. A struggle ensued during which police officers applied force to the appellant’s neck and head area, closing his nostrils and depressing his throat. The appellant opened his mouth to shout out and the package was ejected on to the floor where it was seized by a police officer. What was the finding in this case? Was it an internal search?

Answer 12

An internal search was not completed as neither of the constables put their fingers or any instrument into the appellant’s mouth.

One of the officers’ concerns was fear for the appellant’s safety should he be permitted to swallow the package. In seeking to prevent him doing so they used no more force than reasonably necessary It is implicitly recognised by what is now s 124(1) of the Search and Surveillance Act 2012 that the mouth is not necessarily to be accorded the same degree of sanctity as other more private parts of the body. Nor should it be overlooked that the mouth may be used in a manner and for a purpose which is not available in respect of other internal parts of the body. Accordingly, where a person being searched deliberately places a drug in the mouth to avoid it being seized or to provoke the police into the use of force, there is no persuasive case for preventing the police using reasonable force to take possession of the drug. This course is even more acceptable if the suspect has, by placing the drug in the mouth, placed their health or life at risk.

Question 13

Must know - Mental Health (Compulsory Assessment and Treatment) Act 1992 What does mental disorder and Mentally disordered mean ?

Answer 13

MENTAL DISORDER, in relation to any person, means an abnormal state of mind (whether of a continuous or an intermittent nature), characterised by delusions, or by disorders of mood or perception or volition or cognition, of such a degree that it –

1. Poses a serious danger to the health or safety of that person or of others; or
2. Seriously diminishes the capacity of that person to take care of himself or herself; –

and MENTALLY DISORDERED, in relation to any such person, has a corresponding meaning:

Question 14

Section 41 – Police assistance. When called upon by a DAO to enter a premises may

Answer 14

(a) May enter the premises where the person or proposed patient or patient is

Question 15

Must Know- Section 41 – Police assistance. What must they do on entry?

Answer 15

Must, if that member is not in uniform, produce to a person in actual occupation of the premises his or her badge or other evidence that he or she is constable

Question 16

Must know- Section 41 - When entry has been gained how long can you detain the person for?

Answer 16

6 hours, The time it takes to conduct the medical examination. What ever is shorter. May take to a hospital or other place for assessment.

Question 17

Must Know Section 109 – Police may apprehend person appearing to be mentally disordered in public place. What would the police officer need have and do?

Answer 17

reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so,

– (a) Take that person to a Police station, hospital, or surgery, or to some other appropriate place; and

b) Arrange for a medical practitioner to examine the person at that place as soon as practicable.

Must know - You should only do this if you think that person is a serious danger to themselves or others or they have a seriously diminished capacity to take care of themselves.

Question 18

Must Know - Section 109 What is the time limit once detained

Answer 18

6 hours or the time it takes to conduct the assessment examination, whichever is shorter

Question 19

What does mental disorder not include?

Answer 19

procedures may not be invoked simply because of a person’s: • political, religious or cultural beliefs • sexual preferences • criminal or delinquent behaviour • substance abuse • intellectual disability.

Question 20

What can I do in relation to prevention first and mental health events?

Answer 20

The Police operating strategy, Prevention First, requires all staff to consider the use of Police discretion and alternative resolutions in appropriate circumstances. When dealing with a person suffering mental distress, Prevention First means taking a holistic approach to any offending and seeking out opportunities to prevent re-offending.

Question 21

What is the Police role under the Mental Health (CAT) Act 1992

Answer 21

Police role under the Mental Health (CAT) Act 1992 The responsibility for providing services under the Mental Health (CAT) Act 1992 rests primarily with the mental health services but Police provide assistance where legislation provides for Police intervention.

Question 22

When police ask the DAO for assistance, what happens?

Answer 22

The DAO must arrange for a health practitioner to examine the person.

If there are reasonable grounds for believing the person is suffering from a mental disorder he or she can be certified for compulsory assessment, and a responsible clinician (usually a psychiatrist or doctor) must carry out a further examination.

Question 23

When assisting the DAO and dealing with a mental disordered person where is the preferred place for them to be assessed?

Answer 23

The preferred action is to have a doctor assess the person in the person’s home. Only if this cannot be done should the DAO take the person to another place.

Question 24

If it would be reasonably practicable to obtain one a warrant to enter what should I not do?

Answer 24

you must not exercise your powers to enter without a warrant if it would be reasonably practicable to obtain one.

Question 25

Both the DAO or police can apply for a warrant, Who must swear it ?

Answer 25

the warrant may be completed by either the Police constable or the DAO. The Police constable must sign and swear it. Section 113A of the Mental Health (CAT) Act 1992 refers.

Question 26

When using powers to assist the DOA and not in uniform what must I do?

Answer 26

you must produce to the occupier your badge or any other evidence that you are a Police constable.

Question 27

When using my power to detain what is it the same as ?

Answer 27

power to take and detain as if it were a power of arrest, with any necessary modifications.

Question 28

if you are acting in an emergency when assisting a DAO, what force can be used?

Answer 28

you can use such force as is reasonably necessary in the circumstances.

Question 29

Do I need to do a Tactical Options Report ??

Answer 29

Yes, If you use more than minimal or inconsequential force under this section

Question 30

When using force what do I need to be aware of?

Answer 30

: If you act without statutory authority, you have no protection from civil or criminal liability even if you have acted in good faith.

Question 31

When assisting a DAO to enter premises and detain a person. I should continually assess

Answer 31

Limit your assistance to that which is necessary to affect a reasonable solution to the problem.

Continually assess the appropriateness of the actions requested of you, and tell the health professional if they are proposing that you act outside your powers or ability.

Question 32

What should I confirm when first dealing with a DAO?

Answer 32

Check credentials

Question 33

Having checked their credentials what else should I check?

Answer 33

relevant documents. assessment certificate or compulsory treatment order. If a DAO asks you to help them to take or return a patient to an assessment or treatment place (if the patient is refusing to attend or is absent without leave), ask to see a copy of the relevant assessment certificate or compulsory treatment order.

Question 34

In the situation when a person must go to the medical practitioner for the examination but is unwilling to go, you can use force to transport the person in limited circumstances as set out in section 122B of the Mental Health (CAT) Act 1992 When should I use force? ( Five things)

Answer 34

In all situations, use force only if:

• in your opinion it is justified, and
• the DAO gives you clear instructions to do so,

and

• the patient would be likely to suffer harm, or to harm other people or damage property if force is not applied,

and •

the force used is necessary and proportionate given all the circumstances known at the time.

Question 35

Indemnity against civil claims around force?

Answer 35

Do not use force unless:

• the district has obtained a general indemnity from the mental health service against civil claims for damage, or
• the DAO has been informed, and has accepted responsibility for the damage and asked you to continue.

Question 36

When I detain anyone what must I do?

Answer 36

Caution them.

Question 37

Must Know - If the DAO who requested your assistance is not at the scene ………

Answer 37

, do not do the job of the health professional. If the matter is not urgent, decline to take further action. Police should not be routinely involved in applications for compulsory assessment. Note the DO NOT

Question 38

Must Know - If you find a person wandering at large in any public place who you reasonably believe may have a mental disorder, you have powers to apprehend under section 109 of the Mental Health (CAT) Act, which relates to mentally disordered persons in a public place. What are the two things you should consider ?

Answer 38

You should only do this if you think that person is a serious danger to themselves or others or they have a seriously diminished capacity to take care of themselves.

Question 39

Must Know - Definition of public place is

Answer 39

A person is also in a public place if they are in any aircraft, hovercraft, ship or ferry or other vessel, train, or vehicle, which is in a public place.

Question 40

What enquires should I make if I locate a person and reasonably believe they may be mentally disordered and requiring assessment for inpatient treatment.

Answer 40

Check the person’s status (QP) - they may have been reported missing from a psychiatric hospital or other mental health facility. If the person has a known psychiatric history,

call your local DAO(s) or Mental Health Services and ask if they have any information about the person. Ask the DAO(s) to find out whether the person is on leave from a psychiatric hospital.

If so, their leave may be revoked and the patient returned to the hospital by either a DAO, the person who has charge of the person while on leave, or yourself.

Question 41

If you find a person in a public place who is acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, the Mental Health (CAT) Act 1992 states that you can…..

Answer 41

take the person to a police station, hospital, surgery or other appropriate place, and that you MUST arrange for a doctor’s examination as soon as practicableu .

Question 42

When an assessment finds that a person does not have a mental disorder what should I do and consider?

Answer 42

the person should be released. Consideration should be given to passing the care of the person to a family member or friend.

Question 43

Must Know- What power do police have to enter private property under the mental health Act by themselves?

Answer 43

No Power - Police have no power under the Mental Health (CAT) 1992 Act to enter private property or to detain a person with a mental disorder on private property, unless asked to do so by a DAO or medical practitioner.

Question 44

Power to enter premises - If action is required, an appropriate response may involve seeking help from the DAO, the person’s doctor, family, friends or associates (as explained in the Initial procedure in Dealing with people with mental disorders) or using other legislation to enter the premises. Remember Police officers have an implied licence to enter a property, just like any member of the public. If requested to leave by a lawful occupier of the property, in the absence of a lawful justification to remain, police must leave. Police can also enter a property if requested to do so by a lawful occupier of that property. What other powers might I use?

Answer 44

Section 14 of the Search and Surveillance Act 2012 allows you to enter private property or a vehicle without a warrant if you suspect there is a risk to life or safety that requires an emergency response.

It also allows warrantless entry if you have reasonable grounds to suspect that your entry will stop or prevent an offence being committed that might injure someone, damage or cause serious loss of property. However, if you suspect a person has committed an offence that is punishable by imprisonment and for which he or she can be arrested without a warrant,

section 8 of the Search and Surveillance Act 2012 allows you to enter private premises to search for and arrest that person without a warrant. You can only enter the premises if you believe the person will leave to avoid arrest, and/or destroy, conceal, alter or damage evidence, unless you arrest him or her immediately.

You can also enter private premises under section 7 of the Search and Surveillance Act 2012, to search for and arrest a person if you suspect that the person is unlawfully at large, for example, the person is subject to an inpatient order and is absent without leave.

Question 45

Must Know - Under section 41 of the Crimes Act 1961, you can use such force as may be reasonably necessary to prevent….

Answer 45

an act that you believe, on reasonable grounds, would amount to suicide if committed.