Chapter 3: Drugs, Alcohol, Mental HEALTH Flashcards
Define Mental disorder
- 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.
Use of force 1M
- If force is used in assisting DAO. What must you do.
Complete TOR and give e a copy to director (Area) Mental Health.
A Police station is generally unsuitable to take a 1M. What are so.e suitable places
(Do BOR Act apply to 1M)
- Any place specified by DAO
- A Hospital
- Police station is last resort
(Yes BOR Act applies!)
s109 - 1M in public
What powers do we have for a section 109?
- Can detain for purpose of assessment
- Should only do this if you think it’s in the public and 1M interest
Police have no power to enter private property under mental health Act…
When can we?
- Consent
- Requested by DAO/Medical practitioner
However:
s14 S&S - unlawfully at large
s8 S&S - Offence of imprisonment
s41 Crimes Act - 1X
What is NOT considered a mental Disorder
P-C-R, SA, SP, CB, ID
- Political, Cultural beliefs, or Religious
- Sexual preferences
- Criminal or delinquent behaviour
- Substance abuse
- Intellectual disability
When can Police assist DAO
- 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
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
- Believe
- Suspect
s21 S&S gives you the right to do what?
Search any person at the place you are searching
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
- Believe
- suspect
This section does NOT limit to s20 + s21
s124 refers to Internal searches.
Which circumstances are you allowed to conduct an Internal Search
- 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
Unless impracticable, who must you get approval by to carry out a warrantless search?
Approval from a Sgt or above
Who can complete an Internal search
REGISTERED MEDICAL PRACTITIONER
When a Constable has reasonable grounds to BELIEVE a person is hiding drugs in their body.
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?
Court deemed search for drugs OK.
Although seizure of memory card unlawful the probative value of evidence gained outweighed the improperly gai ed evidence.
R Vs Merrett
Guy charged with Meth manufacturing and said the search was not reasonable.
What did the Court rule?
Police has reasonable grounds to believe.
Appeal dismissed
Hill Vs Police
Taxi driver searched
What was the ruling?
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!
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?
That the appearance does not form a grounds for BELIEF
Appeal held
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?
Appeal dismissed not deemed an internal search.
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?
NOT deemed an I eternal search
Appeal Dismissed!
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?
Court ruled that he was not obstructive and search was unreasonable.
Appeal stands.
What is a hazardous substance?
E,F,O,C,T,E,T
Substances with properties of:
- Explosive
- Flammable
- Oxidise
- Corrosiveness
- Toxicity
- Eco-toxicity
An Emergency means:
Actual or Imminet danger to human health or safety or danger to environment that its needed to remove the danger.
- Who can declare an emergency?
- What powers does it give you?
- 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 - 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
How do you declare an emergency and when does it stop?
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
s265 -
1.When can you close a licensed Premise?
2.What happens if they carry on selling?
- 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. - If they dont listen $10,000 fine or li ense suspended for 7 days
s264
How long can you close a bar for under s265?
Not later than 24 hours from the end of the day.
Define RIOT
6 or more persons acting together using violence against persons or property
s269
This section talks about Police powers to demand info
When can Police demand particulars?
When a Constable has cause to SUSPECT a person has/is committing an offence
CAN
Require ID particulars + proof ie: D/L.ID
s267
1. Who an 3H
- Why
- What can they do I side
- Constable/Inspector
- To see if licence holder is complying OR BELIEVE an offence is being committed
- 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
How can Manager/Licensees revocate the order to close
Apply to a district court judge OR 2 or more justices OR any 1 or more Community Magistrates
