3.1 Drug Policy & Procedure Flashcards
Clan Lab - Unplanned entry procedures, What are you required to do in this situation? (7)
RISPNASM
- immediately REMOVE POI’s from the premise
- ISOLATE the site
- Maintain a SAFETY perimeter
- PRESERVE the crime scene
- NOTIFY the duty inspector / NCO / NCLRT
- seek ADVICE from NLCRT and fire re decontamination
- Occupants and staff who have entered the address are to remain SEPARATED until decontamination issues are addressed
- seek MEDICAL advice if adverse effects occur
What is the aim of an unplanned entry into a clan lab?
- The aim is to turn an unplanned entry into a planned response and
- Investigation with appropriate structure and procedures
Who can give approval for drug related searches?
Answer:
- If practical and the circumstances permit obtain approval for a sergeant or above before exercising this warrantless search power for drugs
What power does S19 of the S&S act 2012, enable a constable to perform?
Answer:
- A constable may search any person
- Found in or on a place or vehicle in relation
- To a search warrant issued under S6
- If the offence that was specified in the application for the SW
- Is an offence against the Misuse of Drugs Act 1975
Section 20 of the S&S Act allows Police to do what? (warrantless P or V)
- Enter and Search
- A Place or vehicle
- Without Warrant
- If RGTB
- It is not practicable to get a warrant
- and in or on the place or vehicle there is
- A controlled drug or precursor substance and
- Suspect an offence has been, is being or will be committed in respect of that drug and
- Believe that if entry is not carried ut immediately, Evidential material will be CADD
Section 21 of the S&S Act 2012 - Searching other people (P or V)
- A constable conducting a search of a
- Place or vehicle
- Under S20
- May without warrant
- Search any person in or on the place or vehicle
Section 22 S&S Act 2012 - Warrantless search of a Person in any place - A constable may
- A constable may search a person
- in any place
- if RGTB that person is in possession of:
- A controlled drug or precursor substance and
- Suspects and offence has been, is being or will be committed in respect of that drug
Do you require approval from a supervise for a Section 20 S&S drug related search?
Yes
- Unless impractical to do so, approval from a Sergeant or above should be obtained before exercising the power
Does requesting a person to open their mouth constitute an internal search?
No
- A constable or AO may conduct a visual examination of the mouth, nose and ears
- But must not insert any thing or instruments into any of these orifices
This is permitted under S87
What is an internal search?
- An internal search is an examination of any part of a persons body by means of
- X-ray machine or other similar device or
- A manual or visual examination through any body orifice (except mouth)
Collings v Police
- Does evidence of a persons demeanour and appearance provide Police with reasonable grounds for belief under the Act?
eg wide eyed gaze, dry swallowing, rubbing tongue
No
- The High Court found that evidence of demeanour and appearance
- whilst perhaps warranting strong grounds for suspicion and seemingly an actual belief in the consumption of the officers concerned
- did not provide Police with reasonable ground for belief under the act
R v T
If a person attempts to swallow drugs, can Police use reasonable force (restrain the person and lay the person face first on a bed) to extract the drugs?
Yes reasonable force can be used
- The Court of Appeal confirmed this does not amount to an unreasonable search nor does it constitute an internal search
Section 124 S&S, generally prohibits internal searches of a person, except for what circumstances?
- Searching the person’s mouth with their consent or
- Internal serach under another enactment (S23 S&S)
S&S Act - Right to search for drugs without warrant. When?
-When there is an objective belief that one of the specified drugs is present
In relation to ‘Reasonable ground fro belief’ required for drug searches.
What are the two beliefs required for the process?
- 1st = RGTB a controlled drug is in the place and an offence involving that drug has been, is being or will be committed
- 2nd = RGTB that the drug is a specific drug
Who may conduct an internal search?
Answer:
- An internal search must be conducted by a registered medical practitioner
Must a suspect consent to an internal search?
In what 2 conditions must a medical practitioner not conduct an internal search?
Answer:
- Yes. Must voluntarily consent to an internal examination.
- A medical practitioner must not conduct an internal examination if they:
- Consider that to do so may be prejudicial to the suspects health, or
- Are satisfied that the suspect is not prepared to permit an internal examination to be conducted
If a suspect fails to permit an internal exam and the court is satisfied the requirement to permit an internal exam was properly made on reasonable grounds, what may a court do
- Decline to consider the persons bail application and
Order that the suspect continue to be detained until the earlier of the following occurs
- Expiry of 2 days after the day on which they were required to permit an internal exam
- Permit the exam to be conducted
