Chapter 3: Drugs, Alcohol, Mental HEALTH

Question 1

Define Mental disorder

Answer 1

• Abnormal state of mind
• Delusions, disorders of mood or perception or volition cognition
  POSES
• Danger to health and safety of that person or others.
• Seriously diminishes capacity to look after themselves.

Question 2

Use of force 1M

• If force is used in assisting DAO. What must you do.

Answer 2

Complete TOR and give e a copy to director (Area) Mental Health.

Question 3

A Police station is generally unsuitable to take a 1M. What are so.e suitable places

(Do BOR Act apply to 1M)

Answer 3

• Any place specified by DAO
• A Hospital
• Police station is last resort

(Yes BOR Act applies!)

Question 4

s109 - 1M in public

What powers do we have for a section 109?

Answer 4

• Can detain for purpose of assessment

- Should only do this if you think it’s in the public and 1M interest

Question 5

Police have no power to enter private property under mental health Act…

When can we?

Answer 5

• Consent
• Requested by DAO/Medical practitioner

However:
s14 S&S - unlawfully at large
s8 S&S - Offence of imprisonment
s41 Crimes Act - 1X

Question 6

What is NOT considered a mental Disorder

P-C-R, SA, SP, CB, ID

Answer 6

• Political, Cultural beliefs, or Religious
• Sexual preferences
• Criminal or delinquent behaviour
• Substance abuse
• Intellectual disability

Question 7

When can Police assist DAO

Answer 7

• DAO requests for 1M to media practioner for exami nation + 1M unwilling
• Help DAO return patient to places of treatment

CAN enter and detai for up to 6 hours…proud e ID if not in uniform

Question 8

s20 S&S says:
A Constable can enter and search a place if you ha e reasonable grounds to _______ it’s not practical to obtain a warrant and in that place is drugs AND ________that an offence against MODA has/is/will been/be committed

Answer 8

• Believe

- Suspect

Question 9

s21 S&S gives you the right to do what?

Answer 9

Search any person at the place you are searching

Question 10

s22 S&S allows that a Constable can search person without warrant when a Constable has grounds da to _________ that a person is in possession of drugs AND to __________ an offence against MODA has/been/will be committed

Answer 10

• Believe
• suspect

This section does NOT limit to s20 + s21

Question 11

s124 refers to Internal searches.

Which circumstances are you allowed to conduct an Internal Search

Answer 11

• with consent
• Only mouth, ears + nose

CANT stick anything in any of these Orifices e.g: fingers, anything

INCLUDES

• X-ray or similar device
• manual or visual examination through any body orifice

Question 12

Unless impracticable, who must you get approval by to carry out a warrantless search?

Answer 12

Approval from a Sgt or above

Question 13

Who can complete an Internal search

Answer 13

REGISTERED MEDICAL PRACTITIONER

When a Constable has reasonable grounds to BELIEVE a person is hiding drugs in their body.

Question 14

HOETE Vs R (2013)

1C Male was in a car with history of meth. Police searched and located Meth precursors. Also took memory card.

What was the ruling?

Answer 14

Court deemed search for drugs OK.

Although seizure of memory card unlawful the probative value of evidence gained outweighed the improperly gai ed evidence.

Question 15

R Vs Merrett

Guy charged with Meth manufacturing and said the search was not reasonable.

What did the Court rule?

Answer 15

Police has reasonable grounds to believe.

Appeal dismissed

Question 16

Hill Vs Police

Taxi driver searched

What was the ruling?

Answer 16

After Sgt said he didn’t know what drug he was looking for…..(didn’t turn his mind to what it might be).

Search deemed Unlawful!

Question 17

Collins Vs Police

Driver stopped for driving 10-15 kph, car rego expired.
Driver and passengers displayed signs of drug use.

What was the finding?

Answer 17

That the appearance does not form a grounds for BELIEF

Appeal held

Question 18

R Vs T (1996)
Poli e executed a search warrant. Female present had something g in her mouth.
Police struggled and she spat it out.

What was the ruling?

Answer 18

Appeal dismissed not deemed an internal search.

Question 19

R Vs Roulston(1998)
Male strip searched, package falls out and male puts package in mouth . Police struggled and made to spit it out.

What did the court decide?

Answer 19

NOT deemed an I eternal search

Appeal Dismissed!

Question 20

Sneller Vs Police

Male had something in his mouth.
Refused to spit out.
Police claimed obstruction.
Police get package NIL drugs.

What was the decision?

Answer 20

Court ruled that he was not obstructive and search was unreasonable.

Appeal stands.

Question 21

What is a hazardous substance?

E,F,O,C,T,E,T

Answer 21

Substances with properties of:

• Explosive
• Flammable
• Oxidise
• Corrosiveness
• Toxicity
• Eco-toxicity

Question 22

An Emergency means:
Actual or Imminet danger to human health or safety or danger to environment that its needed to remove the danger.

1. Who can declare an emergency?
2. What powers does it give you?

Answer 22

1. An enforcement officer when they ha e reasonable grounds to believe that there is an emergency AND
   - No state of emergency has been declared by civil defence.
   - Emergency not being g dealt with by FENZ
   - No emergency declared by Bio Security
2. CAN

• Enter premise or dwelling
• Remove the cause
• Stabilise situation to limit the actual or likely effects of the emergency, or
  Protect the health and safety of people, chattels, or the environment

Question 23

How do you declare an emergency and when does it stop?

Answer 23

Enforcement Officer

• ID themselves
• state the emergency power
• announce the nature of the emergency

Emergency stops when:

• 48 hours after the declaration
• Civil defence declares one
• Its being dealt with by FENZ
• Bio Security declares one

Question 24

s265 -
1.When can you close a licensed Premise?

2.What happens if they carry on selling?

Answer 24

1. Reasonable grounds to believe
   - RIOT may occur
   - fighting or serious disorder
   - threat to public health or safety or amounts to substantial public nuisance
   - believing offences have been committed with max penalty of 5 years or more and risk it may continue if remains open.
2. If they dont listen $10,000 fine or li ense suspended for 7 days

Question 25

s264

How long can you close a bar for under s265?

Answer 25

Not later than 24 hours from the end of the day.

Question 26

Define RIOT

Answer 26

6 or more persons acting together using violence against persons or property

Question 27

s269
This section talks about Police powers to demand info

When can Police demand particulars?

Answer 27

When a Constable has cause to SUSPECT a person has/is committing an offence

CAN

Require ID particulars + proof ie: D/L.ID

Question 28

s267
1. Who an 3H

2. Why
3. What can they do I side

Answer 28

1. Constable/Inspector
2. To see if licence holder is complying OR BELIEVE an offence is being committed
3. CAN require them to produce licence, book, list , record,notice e or other docs and make copies…

Require reasonable info required by Constable/Inspector relating to within the duties of a manager/Licensees

Question 29

How can Manager/Licensees revocate the order to close

Answer 29

Apply to a district court judge OR 2 or more justices OR any 1 or more Community Magistrates