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.
