3 - Drugs, Mental health and alcohol Flashcards
Drugs - s20 S&S Act
Warrantless search - Constable may enter and search a place or vehicle if they have:
- RGTB not practicable to obtain a warrant and in place or vehicle there is a controlled drug
- RGTS that in or on place or vehicle an offence against MODA has, is or will be committed and
- RGTB that if entry and search not carried out immediately, EV relating to offence will be CADD
Drugs - S21, S&S Act
Constable conducting search under s20 may search any person in place or vehicle
Drugs - S22, S&S Act
As per 21. Does not authorise constable to enter and search place and vehicle unless it comes under 21.
Drugs - S23 of S&S Act. internal searches
Internal search is:
- Examination of any part of persons body by means of x-ray or other device or a manual or visual examination through any body orifice
What is not an internal search:
- visual examination of mouth, nose and ears. Not internal search and comes under s87 rub down.
Drugs - s23 internal searches, what circumstances required and who can conduct them?
Arrested for offence under MODA under S6, 7 or 11.
Have to have RGTB that suspect has secreted property within body that:
- may be evidence of offence with which suspect is charged or
- the possession would be an offence under above sections.
must be conducted by registered medical practitioner.
Suspect must consent
Drugs - s124, s&S Act
- Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any part of the body of any person, except for, with the person’s consent, searching the person’s mouth.
MH - Explain S38
- Anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a DAO
- DAO who receives request must make an assessment and decide if person needs a medical examination
MH - Explain S41
A duly authorised officer who is intending or attempting to do anything specified in section 38(4)(b) or (d) or section 40(2) may call to his or her assistance a constable.
A constable who enters premises under subsection (2) may, for the purposes of section 38(4)(b), detain the person where he or she is for the shorter of—
(a) 6 hours; and
(b) The time it takes to conduct the medical examination.
(4) A constable who enters premises under subsection (2) may, for the purposes of section 38(4)(d),—
(a) Take the person to the place at which he or she is to have a medical examination; and
(b) Detain the person at the place for the shorter of—
(i) 6 hours; and
(ii) The time it takes to conduct the medical examination.
MH - Key words in definition of mental disorder
- Poses a serious danger
- seriously diminished capacity to look after themselves
Alcohol - What situations can a Constable close licensed premises?
- if a riot is taking place
- fighting or serious disorder
- significant threat to public health or safety
- substantial public nuisance
- RGTB that offence has been committed on premises that carry max penalty of 5 years or more
Alcohol - How long can a premise be closed down?
Must not be later than 24 hours from the end of the day on which the order was made. Must be authorised by substantive sergeant or above
Alcohol - What to take into account when considering whether to close premise
- weight of evidence supporting a closure
- any previous interactions with Police
- the likelihood of escalating violence
- duration of the closure
Alcohol - What you have to do before searching container or vehicle in liquor ban area
- inform the person in possession of the container or vehicle that they have the opportunity to remove it from a public place
- provide them with a reasonable opportunity to do so
