Chapter 3 - Drugs, Alcohol, Mental health Flashcards
What does “hazardous substance” mean?
Any substance with one of the following intrinsic properties;
(a)
I) explosiveness
2) flammability
3) a capacity to oxidise
4) corrosiveness
5) toxicity (including chronic toxicity)
6) Eco-toxicity, with or without bio accumulation
OR
(b)
Which on contact with air or water generates a substance from paragraph A
What is a riot?
A group of 6 or more persons
Who, acting together,
Are using violence against persons or property
To the alarm or persons in the neighbourhood
Crimes Act 1961 s86/87
Not defined in Sale and Supply of Alcohol act 2012.
What is the definition of a “Licensed Premises”?
Any premise for which a licence is held
For the sale, supply, consumption of alcohol
What is the definition of “licensee”?
Means a person who holds a licence
In relation to any licensed premises means the person who holds the licence concerned.
What is the definition of a manger?
Manager of a licensed premises.
Appointed under the Sale and Supply of Alcohol Act 2012
In relation to any licensed premises, means a manager of those premises?
Under what circumstances can an order for the immediate closure of a licensed premises (or any part of a licensed premises) be made?
- if a riot is taking place / reasonable grounds for believing a riot may occur
- fighting or serious disorder
- significant threat to public health or safety
- conduct amounts to substantial public nuisance
- offence of 5 years or more has been committed
And significant risk that further offences will be committed if the premises remains open
Who can order the immediate closure of a licensed premises?
Any Constable may order the immediate closure of a licensed premises
(or any part of a licensed premises)
How long can a licensed premises be closed for?
Up to 24 hours
From the end of the day on which the order was made
Who should authority be sought from before closing a licensed premises?
Substantive Sergeant or above
Includes Sgt or above in a communications centre
What section of the Sale and Supply of Alcohol Act 2012 is about closing licensed premises?
S266
- in particular circumstances to order the closure of any licensed premises (or part of any licensed premises) for the sale of alcohol.
S265
- application to a District Court Judge (or 2x JP’s / Community Magistrates) to get an order for closure of a licensed premises.
What is the power of entry to a licensed premises?
What does it allow?
Statutory power under s267
A Constable may,
At any time
Enter and inspect
Any licensed premises
When he or she has reasonable grounds to BELIEVE that an offence against the sale & supply of alcohol act IS BEING committed
What is the punishment upon conviction for failing / refusing to admit Police to a licensed premises??
$2000 fine
How should police deal with someone who refuses them entry to a licensed premises?
Warn then arrest for obstruction
Can police use force to close a licensed premises?
Yes
Police may use reasonable force if necessary
For the purpose of closing the licensed premises
How long must the licensed premises remain closed?
Takes effect immediately
Remains in force until a time stated in the order
Must not be later than 24 hours
From the end of the day on which the order was made.
What must be considered when deciding the duration of the closure of a licensed premises?
1) when order is likely to be restored
2) the closure is sufficient to address public nuisance concerns
3) the impact on the licence
What is the definition of “mental disorder?”
In relation to any person
- means an abnormal state of mind
- whether continuous or intermittent
- characterised by delusions, disorders of mood or perception or volition or cognition
- by such a degree that
A) it poses a serious danger to the health & safety of that person or others
Or
B) seriously diminishes the capacity of that person to take care of himself or herself
What section relates to the power to prevent suicide?
S41 Crimes Act 1961
Use such force
Reasonably necessary
To prevent suicide or the commission of any offence
That likely cause immediate & serious injury to ANYONE
or serious damage to any property
Or prevent an act that would amount to suicide if committed.
Powers of entry - mental health
- implied licence to enter property (like any member of public). Requested to leave by lawful occupier = leave
Can also enter property at request of lawful occupier.
s8 S&S act 2012: believe person will leave to avoid arrest and/or CADD
S7 S&S act 2012: unlawfully at large (e.g subject to an impatient order and absent without leave).
S14 S&S Act 2012: enter property or VEHICLE if risk to life or safety that requires an emergency response.
Entry will prevent an offence ring committed that might injure someone; damage / cause serious loss of property
S18 S&S Act 2012: suspect person is in possession of firearms but is incapable of having proper control of them by reason of mental condition
Do you have authority to enter private property or detain someone on private property under the Mental Health Act 1992??
No
Not unless asked to do so by a DAO or medical practitioner.
S30 crimes act 1961
Protects you from criminal responsibility
if you arrest the wrong person in good faith
And on reasonable and probable grounds believed the person to be the one named in the warrant
S34 crimes act 1961
Power to assist a Constable in arrest
Upon being asked to do so
Power of detention in. Urgent situations
under s109
- continue to detain at that place - until examination has been conducted
Or
- take the proposed patient to a place - nominated by the medical professional - for the purpose of a medical examination (detain there until examination has been conducted).
How long can you detain a person under s109?
No longer than 6 (SIX) hours for the purpose of examination.
