3.1 Drugs Policy & Procedures Flashcards
Explain the procedure following the unplanned entry of a clan lab (4).
- Remove persons of interest.
- Isolate the site and establish a perimeter.
- Notify the duty inspector, NCO, and fire/ambo
- Keep those who have entered the scene separated.
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
Section 20 (places/vehicles - MODA) Search and Surveillance Act 2012 - what are the powers and grounds?
Power: Enter and search a place or vehicle without warrant.
Grounds:
- RGTB it is not practicable to obtain a warrant AND there are drugs specified in MODA
- RGTS an offence has/is/will be committed with respect to that drug.
- RGTB that evidence will be CADD if search is not conducted immediately.
Section 21 of the Search & Surveillance 2012 allows Police to search who?
A constable conducting a search under S20 may search any person in or on the place or vehicle.
Section 22 (search for controlled drugs) of the Search and Surveillance Act 2012: What are the powers conferred and grounds required of this section?
Power: Search a person without warrant.
Grounds: RGTB the person is in possession of a controlled drug specified in schedules 1, 2, or 3 of the MODA
AND
RGTS that an offence against MODA has been/is/or is about to be committed, in respect of that controlled drug.
Do you require approval from a supervisor for a Section 22 (person) related 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 authorised officer may conduct a visual examination of the mouth, nose and ears but must not insert any thing or instrument into any of those orifices. This is permitted under S87.
Section 23 - What is an internal search?
An internal search is an examination of any part of a person’s body by means of:
- X-ray machine or other similar device or
- a manual or visual examination through any body orifice
Does evidence of a persons demeanor and appearance (eg a person in a car with a wide-eyed gaze, dry swallowing, rubbing tongue) provide Police with reasonable ground for belief under the Search and Surveillance Act?
NO
The High Court found that evidence of demeanor 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 grounds for belief under the act.
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. It may be necessary to prevent someone from ingesting a dangerous amount of drugs of choking on it.
What section of the Search and Surveillance Act 2012 relates to the search of places and vehicles for drugs?
Section 20
What is important in Hill v Attorney-General with respect to a sergeant’s search of a car for unspecified drugs?
The power to search for drugs only applies to those specified in certain parts of the schedules in the Misuse of Drugs Act 1975.
In Collins v Police, what was the outcome with regard to demeanour and appearance as forming reasonable grounds to believe?
Although each case will be decided on its facts, evidence of demeanour and appearance alone is unlikely to justify a search under the Search and Surveillance Act 2012 provisions (or, indeed, any other police procedure requiring reasonable belief on the part of an officer).
What was held in R v T when the female tried to swallow drugs at a search warrant?
Officers who restrained the female and told her to spit out the object in her mouth did not conduct an internal search. They were simply acting reasonably following an observation of the female trying to swallow something.
What is the general rule conveyed by section 124 of the Search and Surveillance Act regarding internal searches?
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.
