3.1 Drugs Policy & Procedures

Question 1

Clandestine Laboratory -
Unplanned entry procedures. What are you required to do in this situation?

Answer 1

• immediately REMOVE POI’s from the premises
• ISOLATE the site and maintain a SAFETY perimeter
• PRESERVE the crime scene
• NOTIFY the duty inspector / NCO and NCLRT
• seek ADVICE from NCLRT 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

R. I. S. P. N. A. S. M

Question 2

What is the aim of an unplanned entry into a clan lab?

Answer 2

The aim is to turn an unplanned entry into a planned response and investigation with appropriate structure and procedures

Question 3

Who can give approval for drug related searches?

Answer 3

Answer:
If practical and the circumstances permit obtain approval from a sergeant or above before exercising this warrantless search power for drugs

Question 4

What power does section 19 of the Search in Surveillance Act 2012 enable a constable to perform?

What three conditions must be present for the power of search to be conducted?

Answer 4

Answer:
A constable may search any person found in or on a place or vehicle in relation to which a search warrant is issued under s6 if the offense that was specified in the application for the search warrant is an offense against the Misuse of Drugs Act 1975.

Answer:
– a search warrant has been issued under section 6 and respect of MODA 1975

• the warrant is being executed by constable

– that the person is found in or on the place or vehicle specified in the warrant

Question 5

Section 20 Search & Surveillance allows Police to what ?

Answer 5

Enter & search a place or vehicle without warrant if RGTB it is not practicable to get a warrant and in or on the place/vehicle, there is

a) a controlled drug or precursor substance AND
b) and suspect an offence has/is/will be committed in respect of that drug AND
c) believe that if entry is not carried out immediately, evidential material will be CADD

Question 6

Section 21 SAS 2012 - Searching People

Answer 6

A constable conducting a search of a place or vehicle under S20 may without a warrant search any person in or on the place or vehicle

Question 7

Section 22 SAS 2012 - Warrantless search of Person in any place

Answer 7

A constable may search a person in any place if RGTB that the person is in possession of:

a) a controlled drug or precursor substance AND
b) suspects an offence has/is/will be committed in respect of that drug

Question 8

Do you require approval from a supervisor for a Section 20 SAS drug related search?

Answer 8

Yes - unless impractical to do so, approval from a Sergeant or above should be obtained before exercising the power

Question 9

Does requesting a person to open their mouth constitute an internal search?

Answer 9

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.

Question 10

What is an internal search?

Answer 10

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 (except mouth)

Question 11

Collings v Police
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 act?

Answer 11

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.

Question 12

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?

Answer 12

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.

Question 13

Sec 124 SAS, generally prohibits internal search’s of a person except for what circumstance?

Answer 13

Searching the person”s mouth with their consent or internal search under another enactment. (S23 SAS)

Question 14

Under the SAS enactment, when is there a right to search for drugs without warrant

Answer 14

When there is an objective belief that one of the specified drugs is present

Question 15

In relation to “reasonable grounds for belief’ for drug searches, what are the two beliefs required in the process ?

Answer 15

1st = RGTB controlled drugs in the place, and an offence (involving that drug) has, is or will be committed

2nd = RGTB that the drug is a specified drug

Question 16

Who may conduct an internal search?

Answer 16

Answer:
And internal search must be conducted by a registered medical practitioner

Question 17

Must a suspect consent to an internal search?

In what 2 conditions must a medical practitioner not conduct an internal search?

Answer 17

Answer:
Yes. The suspect being searched 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.

Question 18

If a suspect fails to permit an internal exam and the court is satisfied the requirement to peemit an internal exam was properly made on reasonable grounds, what may a court do

Answer 18

• decline to consider the persons bail
• order that the suspect continue go 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 exam to be conducted