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SSGT CPK > Chapter 3: Drugs, Alcohol and Mental Health > Flashcards

Chapter 3: Drugs, Alcohol and Mental Health Flashcards

1
Q

S20 SAS 2012

A

Warrantless Search of Places and Vehicles in relation to some MODA 1975 offences

Reasonable Grounds to Believe not practicable to obtain warrant and in or on the place or vehicle there is…

To suspect in or on place or vehicle an offence has been, being or about to be committed

To believe that if entry is not carried out immediately evidence will be CADD

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2
Q

S21 SAS 2012

A

Warrantless Searches of people found in or on Places or Vehicles

Conducting a search under S20, may w/o warrant search any person found at / on place or vehicle

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3
Q

S22 SAS 2012

A

Warrantless searches for controlled drugs and precursor substances if offence suspected against MODA1975

May search a person w/o warrant :
Reasonable grounds to believe that the person is in possession of - controlled drug….

To supsect that an offence against the MODA1975 has been, being or about to be committed in respect of that drug or precursor substance.

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4
Q

S124 SAS 2012

A

Internal searches generally prohibited.

Unless authorised by another enactment, a constable must not conduct an internal search of any part of the body of any person. Except with the persons consent, searching the persons mouth.

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5
Q

What is an internal search?

A

An internal search is an internal examination of any part of the person body by means of:
Xray or similar device
Manual or visual examination (whether or not facilitated by an instrument or device) through any body or orifice.

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6
Q

What is not an internal search ?

A

May conduct visual search of mouth nose and ears but must not insert any instrument/device or thing into any of those orifices.

A visual examination in these circumstance is not an internal search and is permitted as part of a rub down search

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7
Q

Who may conduct an internal search?

A

An internal search must be conducted by a registered medical practitioner

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8
Q

When can an internal search be required ?

A

A constable may only require a registered medical practitioner to to conduct an internal examination in the circumstances listed in s23 of the Act. They related to people who are arrested for some offences against the MODA1975 when the constable has REASONABLE GROUNDS to believe the person has certain property secreted within their body.

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9
Q

Reasonable grounds for believing ?

A

Not limited to personal observations of the officer concerned. Entitled to act on credible information put before him by others.

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10
Q

Meaning of new organisim

A

A organism belonging to a species that was not present in NZ before 29 July 1998

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11
Q

Meaning of hazardous substance

A 
Substance with one or more of the following intrinsic properties
Explosiveness
Flammability 
capacity to oxidise
progressiveness 
toxicity 
eco- toxicity

which on contact with air or water, generates a substance with any one or more of the specified properties.

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12
Q

S135 Interpretation (hazardous substance )

A

Emergency means -
Actual or imminent danger to human health or safety
danger to environment or chattels so significant that immediate action is required to remove the danger

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13
Q

S136 Declaration of Emergency

A 
Reasonable grounds to believe that 
there is an emergency and 
no state of emergency has been declared under civil defence management act 2002
.... under biosecurity act 1993
.. under fire and emergence y act 2017
may - 
enter any property
remove cause of emergency 
stabilise the situation to limit adverse effects of the emergency 
protect health and safety of people

Any emergency declared under this section shall cease -
48hrs after the time of declaration or
when a state of emergency is declared

“the authority” is the Environmental Protection Authority

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14
Q

s265 Closure of Premise by ORDER

Sale, supply of alchol act 2012

A

This section applies if a riot occurs or reasonable grounds to believe a riot may occur.

Any District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates may, at the request of a constable order every licensee in a specified area to close his premises for the sale of alcohol.

No later than 24hrs from the end of the day when the order was made

May use force as necessary.

Licensee :
Fine of no more than $10 000.00
Suspension of licensee’s licence for no more than 7 days

Manager:
Fine of no more than $10 000.00

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15
Q

S226 Closure of licensed premises by police

A 
This section applies if: 
A riot is taking place / may occur
Fighting or serious disorder 
significant threat to public health 
substantial public nuisance 
or offence have been committed on premises that carry a max penalty of 5+ yrs

Const may close premise for 24 hrs (no more)

Use force

As soon as the order has been given, licensee or manager may apply to DC judge or any 2 or more justices or any 1 or more community magistrates fro the revocation of the order.

Licensee :
Fine of no more than $10 000.00
Suspension of licensee’s licence for no more than 7 days

Manager:
Fine of no more than $10 000.00

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16
Q

S267 - Powers of entry

A

May at any reasonable time enter and inspect any licenced premises

17
Q

269 - Power to demand information

A

Reasonable cause to suspect any person has committed / attempting to commit an offence against this act may require that person to provide name address and DOB.

If any person refuses - k9 wo warrant no more than $2000 fine

18
Q 
Definitions of:
RIOT:
Licenced Premises 
Licensee 
Manager
A

RIOT: group of 6 or more, acting together, using violence against persons or property to the alarm of persons in the neighbourhood.

Licenced Premises: Any premises for which a licence is held for sale and consumption of alcohol

Licensee: Person who holds a licence in relation to any licenced Premises

Manager: Manager of Licenced Premises

19
Q

Deciding to close licence premises

A 
Police must take account of:
Weight of the evidence supporting closure
previous interactions with Police
Likelihood of escalating violence 
duration of closure
20
Q

Mental Disorder interpretation

A

Mental Disorder in relation to any person, means abnormal state of mind (continuous or intermittent) characterised by delsuions or mood or perception or volition that
poses serious danger to the health or safety of that person
seriously diminished the capacity of the person to take care of themselves.

21
Q

S38 - Assistance when person may need assessment

A

Ayone who believes a person may be suffering from mental disorder, at anytime may request assistance from DAO.

DAO must investigate
The concern is genuine
RG to believe the person is suffering a mental disorder

If DAO decides the person must have an assessment must-
try get a medical practitioner to come to the person with a view of issuing certificate 8B(4)(b)
If no medical practitioner available try get the person to go willingly to medical practitioner
If person refuses - take reasonable steps to take the person to a medical practitioner (using police if needed)

Once certificate is issued under 8B(4)(b) assist someone else to apply under 8A for assessment

22
Q

S39 - Assistance in respect of outpatients and inpatients on leave

A

Every patient who is subject
to assessment otherwise that in a hospital
every patient who is subject to community treatment order
every patient who is subject to inpatient order but is on leave from hospital

Anyone may request the DAO in any aspec of care treatment or conduct of patient.

23
Q

S40 - Assistance in taking or returning proposed patient to place of assessment

A

Every proposed patient who -
is required to attend a place for assessment …
is refusing to attend at that place and
everyone who is subject to community treatment order
is refusing to attend at a place for treatment

DAO may take patient to place they are required to attend or back to hospital

24
Q

S41 Police Assistance

A

DAO who is attempting to return patient may call police to assist.

Police called to assist may -
enter
if not in uniform produce ID

May detain for 6hrs or the duration of examination (which ever is shorter)

25
Q

S110C Powers of Police when urgent assistance required

A

Called to assistance of medical practitioner may enter etc

may detain for 6hrs or for duration of assessment.

26
Q

S122B Use of Force

A

May use force as is reasonably acceptable

If force used
The circumstances must be recorded ASAP
Copy of the record must be given to the Director of Area Mental Health Service ASAP.

If you act without statutory authority you have no protection from civil or criminal liability even if you acted in good faith.

27
Q

Mental Disorder does not include

A 
Political Religious Cultural Beliefs 
Sexual Preferences 
Criminal Delinquent behaviour 
Substance abuse 
Intellectual disability
28
Q

Limitations of Your powers and assistance

A

Powers to enter premises to dtain a person can only be to assist DAO who is acting under 38 (4) (b) (d) 40(2)
under MHA 1992

Check credentials of DAO

Check Certificate to confirm patient is refusing to attend or absent without leave

Using Force if Justified, DAO gives you clear instructions, patient will be likely to suffer harm, necessary or proportionate

29
Q

If the DAO is not present

A

DO NOT DO THE JOB OF THE HEALTH PROFESSIONAL

30
Q

Procedures if asked by medical practioner to assist

A

Verify the urgency medical practioner
If necessary and when authorised used force to detain
Advise person of their rights
Do not detain for more than 6 hours
More than trifiling fore, complete UOF report send copy to director of area mental health services

31
Q

Do Police have power under MHA to enter private property?

A

No unless asked to do so by DAO or medical practitioner

Police have implied licence to enter property. if requested to leave (lawful occupier) they must do so.

If you suspect offence committed punishable by imprisonment S8 SAS2012 may enter and search for that person to arrest without warrant

S7 SAS2012 search for person unlawfully at large (eg person is inpatient and is absent without leave)

S14 SAS 2012, Enter private property if risk to life or safety of any person

S41 CA1961 use of force to prevent suicide

If none of the above apply and you must take action call DAO / medical practitioner to the scene

32
Q

S109 Mentally Disordered person wandering at large

A

If you find a person wandering at large in pp who you reasonable believe may have a mental disorder, you can detain under S109. If you think its desirable persons and public interest

Public Place also means aircraft, vehicle, train in a PP

SSGT CPK (10 decks)

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