3. Drugs and mental Health Flashcards
Must Know - What is the procedure for an unplanned entry into a clan lab?
remove persons
isolate
preserve
notify their duty Inspector or Duty NCO,
contact the NCLRT, fire, ambulance as required
seek advice 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 required
Must - Know What must you never do?
Touch, handle, move, disconnect, deactivate or operate anything
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 ?
or she has reasonable grounds
to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is
a controlled drug outlined in Schedule 1 Part 1 of Schedule 2 Part 1 of Schedule 3 precursor substance specified or described in Part 3 of Schedule 4
(b) 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
(c) to believe that not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
Warrantless searches of people found in or on places or vehicles. Do I need to use another search power?
No, This means that is search any place or vehicle under section 20 then you can search the persons found on or in.
Must know - Section 22. Warrantless searches of people in relation to drugs What is the key?
reasonable grounds to:
• believe a person is in possession of:
a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, or Part 1 of Schedule 3 of the Misuse of Drugs Act 1975,
and
• suspect that an offence against the Misuse of Drugs Act 1975 has been, is being, or is about to be committed in respect of that controlled drug or precursor substance.
Who can approve searches
NCO or above unless not practicable
What is an internal search?
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.
What is not an internal search?
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.
Hill v Attorney- General (1990) The two step process for believing on reasonable grounds that a controlled drugs are in a house or vehicle. What are the two steps?
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.
Collins v Police demeanour, appearance and “reasonable grounds to believe” This related to the officers observations, what was the finding?
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
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.
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.
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?
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.
Must know - Mental Health (Compulsory Assessment and Treatment) Act 1992 What does mental disorder and Mentally disordered mean ?
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,perception, volition, cognition, of such a degree that it –
Must know - Poses a serious danger to the health or safety of that person or of others; or
Must - Know (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:
Section 41 – Police assistance. When called upon by a DAO to enter a premises may
(a) May enter the premises where the person or proposed patient or patient is
Section 41 – Police assistance. What must they do on entry?
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
Must know- Section 41 - When entry has been gained how long can you detain the person for?
6 hours, The time it takes to conduct the medical examination. What ever is shorted.
May
take to a hospital or other place for assessment.
Must Know Section 109 – Police may apprehend person appearing to be mentally disordered in public place. What would the police officer need to do?
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 - Poses a serious danger to the health or safety of that person or of others; or
Must - Know (Seriously diminishes the capacity of that person to take care of himself or herself; –
Must Know - Section 109 What is the time limit once detained
6 hours or the time it takes to conduct the
assessment examination, whichever is shorter