Chapter 3: Drugs, Alcohol and Mental Health

Question 1

Section 20 (Drugs Act 2012)

Answer 1

Warrantless search of places and vehicles in relation to some misuse of Drugs Act 1975 offences
Constable may enter, search a place or vehicle
-Believe - not practicable to obtain a warrant
-Suspect that in or on the place or vehicle
-Evidential evidence loss
Approval from Sgt if possible

Question 2

Section 21 (Drugs Act 2012)

Answer 2

Warrantless Search of people found in or on place or vehicle.
Constable conducting a search of a place or vehicle can search any person found in or on the place or vehicle

Question 3

Section 22 (Drugs Act 2012)

Answer 3

Warrantless power to search for controlled drugs and precursor substance if offences suspected against Misuse of Drugs Act 1975

• Search a person
• reasonable grounds

Question 4

Section 124 (Drugs Act 2012)

Answer 4

Internal Searches generally prohibited

• Unless authorised by another enactment
• with consent - mouth

Question 5

Case: Hoete v R (Drugs Act 2012)

Answer 5

Reasonable Grounds for belief, formerly s18 MDA and S/S 2012
Petrol station parked up, notifications of Meth use, warrantless search done.
Police had grounds to conduct WL search under s18 but no reasonable base to take memory card.evidence admissible due to outweigh impropriety obtained in search

Question 6

Case: R v Merrett (Drugs Act 2012)

Answer 6

following on from Hoete v R
Search Merrett property.
Search was unreasonable - evidence gathered not admissible. delay in search (5days)

Question 7

Case: Hill v Attorney General (Drugs Act 2012)

Answer 7

Taxi - Drug search
The searching officer does not need to know the identity of the drug, just that there is reasonable grounds for believing it is involved.

Question 8

Case: Collins v Police (Drugs Act 2012)

Answer 8

Driver of the vehicle parked up and demeanour showing signs of meth use
Court found problem with accepting the lawfulness of the search these circumstances was the symptoms
Conviction squashed.

Question 9

Case: R v T (Drugs Act 2012)

Answer 9

Entry and Search of a premise.
Located a female with something in her mouth concealed. Asked to spit it out, restrained on the bed and told again. Had 12 morphine tabs
No internal search therefore legal!

Question 10

Case: R v Roulston (Drugs Act 2012)

Answer 10

Strip searched and male placed a small package in his mouth.
Force was used to help eject this which worked.
Officer didn’t want him to digest the contents and lose evidence.
Appeal dismissed
Section 41 suicide

Question 11

Section 135 - Emergency Means

Section 136 Declaration of Emergency

Section 137: Powers

Answer 11

Actual or imminent danger to health or safety/ danger to the environment

SOE, Bio etc cease 48hrs after declared

Enter
Remove
Stabilise the situation
Protect health and safety of people, chattels or environment

Question 12

Section 4 (Object) Sale and Supply of Alcohol

Answer 12

The sale, supple and consumption of alcohol safe and responsible
The harm caused by excessive or inappropriate consumption of alcohol should be minimised

Question 13

Section 265 - Closure of premises by order

Answer 13

Riot or reasonable grounds to believe a riot will occur

- DC request a constable to close the premise

Question 14

Section 266 - Closure of premises by Police

Answer 14

Riot, fighting or serious disorder, public health and safety, public nuisance
Sought authority from sergeant or above
Riot= 6 or more persons acting together, are using violence against a persons or property
24HRS

Question 15

Section 267 - Power of entry on licence premises

Answer 15

Constable or inspector may inspect any licensed premises to ensure compliance

Question 16

Section 269 - Power of Police to demand information

Answer 16

Person to provide particulars of their name, add and DOB

Question 17

Section 38 (Mental Health Act 1992) - Assistance when person may need assessment

Section 2: Mental disorder

Answer 17

Anyone who believes a person may be suffering from a mental disorder may at any time request the assistance of a Duly Authorised officer.

Question 18

Section 41 - (Mental Health Act 1992) - Police assistance

Answer 18

A DAO who is intending or attempting to do anything specified may call on a constable assistance.
6hr detained or time it takes to conduct the medical examination

Question 19

Section 109 - (Mental Health Act 1992) - Police powers in relation to person appearing to be mentally disordered in Public place

Answer 19

Found wondering at large in any public place and acting in a manner that gives reasonable belief that they may be mentally disordered
-Take to station, hospital
6 hrs detention

Question 20

Section 110C - (Mental Health Act 1992) - Powers of police when urgent assistance required

Answer 20

May enter any premises where person or proposed patient is

Detain and take person..

Question 21

Section 122B - (Mental Health Act 1992) - Use of force

Answer 21

Can use force reasonable

Question 22

Powers to enter

Answer 22

Section 8 - search and arrest person without warrant (committed an offence punishable by imprisonment) CADD
Section 7 - Enter premises to search and arrest persons who is unlawfully at large
Section 14 - enter property or vehicle suspect risk to life or safety

Question 23

Sneller v Police

Answer 23

S refused to spit out something in his mouth.

He wad entitled to decline, not obstructing police .**