Chapter 3 Drugs, Mental Health & Alcohol Flashcards
What should Police do with an unplanned entry into a clan lab
→ remove any POI from the lab → cordon & contain → preserve scene → notify NCO → seek advice from NCLRT → anyone inside to be isolated and decontaminated
When can Police invoke S.20 SSA - Warrant-less search of places/vehicles
→ not practicable to obtain a warrant → contains Schedule 1 drug → Pt 1 Sch 2 → Pt 1 Sch 3 → Precursor as per Pt 3 Sch 4 & suspect offence against MODA & believe evidence CAD if not searched. & if searching can search person (S.21)
When can Police invoke S.22 -Warrant-less search of a person
RGB person is in possession of drugs → 1st Sch MODA → Pt 1 Sch 2 → Pt 1 Sch 3 → Precursor as per Pt 3 Sch 4
& suspect offence against MODA being or about to be committed.
What is the criteria for internal search (S.124)
unless authorised by enactment Police and any other person must not conduct internal search of a person except the mouth with offenders permission
What is not an internal search
A visual examination of mouth, nose & ears but must not insert any device
What is the theme of Hill v Attorney General - reasonable grounds for belief.
→ search without warrant only triggered when there is objective belief that a drug named in 1st schedule or Pt 1 of other schedules are present.
→ RGB is 2 step process
↘ RGB is controlled drug & offence being committed AND
↘ RGB drug is specified drug
→ Police do not need to know ID of drug just that there is RGB drugs are involved.
What was held in Collins v Police - Search demeanour appearance
→ That the symptoms exhibited could also be symptom of persons who had taken legal drugs & that nervousness can be experienced by innocent people being interviewed by Police in public.
→ evidence of demeanour & appearance alone is unlikely to justify a search under S&S
What was held in R v T - Internal search
Act does not prohibit the viewing of what can be seen by normal observation of the face & mouth when open for speech
Purpose is to prevent invasion of body contrary to accepted standards of dignity & privacy.
What was held in R v Roulston - internal search
→ that internal search not completed because no instrument or finger was put in offenders mouth
→ genuine fear for offenders safety if permitted to swallow package. Force used was reasonable
force used also justified under S.41 CA.
What was held in Sneller v Police
That forcing a mouth open to permit inspection constitutes an internal search and requires consent.
What is the definition of mental disorder
Abnormal state of mind (continuous or intermittent) characterised by delusions, disorders of mood/perception/volition/safety that poses serious danger to 1M & others and diminish capacity to look after themselves
Outline S.41 MHA - Police assistance for DAO
→ A DAO may call Police for assistance
→ Police may enter place where patient is
→ if not in uniform produce ID
→ may detain patient for the lessor of 6 hours or until Dr has done examination
→ may take patient to a place for examination & detain for less of 6 hours or until examination done
→ must not enter without warrant if it was practicable to get one
Outline S.109 - Mentally disordered person in public place
→ 1M at large in public place, Police may take person to station/hospital or appropriate place & arrange for Dr to examine that person
→ if person not 1M then must be released forthwith
→ person can be detained for lessor of 6 hours or until DR finishes examination
Outline S4 MHA - what is not mental disorder
→ political/religious/cultural beliefs → sexual preferences → criminal/delinquent behaviour → substance abuse → intellectual disability
Outline S122B - use of force
if acting in emergency helping DAO Police can use force as necessary but if more than minimal force used then a TOR will need to be done.
What are the Police powers of entry for mental health
Police have NO power under MHA to enter private property to detain a 1M - unless asked by DAO
Outline the Police power of entry into licenced premises under S.267 SSLA
May enter any licenced premises where RGB any offence against SSLA is being committed. Issue warning if entry is refused & K9 if needed
What are the circumstances under S.266 SSLA that Police can close licenced premises
→ if Riot (6 or more people using violence) happening or likey to happen
→ fighting or serious disorder happening or about to happen
→ significant threat to public health/safety
→ conduct amounts to substantial public nuisance
→ RGB offences being committed (or risk) that carry max 5 years penalty
→ must inform NCO for authority
→ may use reasonable force
How long must the licenced premises remain closed
No later than 24 hours from the end of the day that the order to close was given
What are some factors to consider if going to close licenced premises.
→ risk of closure causing elevated disorder by disgruntled patrons → impact of closure on licencee → weight of evidence → previous history of premises/licencee → the length of the closure
What are the breaches of an alcohol ban in a specified public place
→ consuming alcohol
→ bringing alcohol in
→ possessing alcohol
What is the exception to breaching a liquor ban
Unopened containers that are being transported from an off licence or other place to a private place via the public place.
What are the Police powers to arrest/search/seize under S.169 SSLA
→ to ascertain if alcohol present can search person/container/vehicle
→ seize any alcohol and its container
→ K9 any one for breaching
→ K9 anyone who refuses to leave or refuses to surrender alcohol
What is the condition relating to power of search under S.170 SSLA
Inform and give person an opportunity to remove alcohol from public place
What are the principles that guide enforcement of liquor bans
→ not to be strictly enforced but to be dictated by time/place/circumstance as to appropriate action
→ alcohol harm & anti social behaviour must be happening or likely to happen
→ situation dictated by complaints/observations/gathering of 1K people
→ arrest is least option - should only be used once other options have been discarded.
