Chpt 3 Drugs, Mental Health And Alcohol

Question 1

Unplanned entry to a clan lab

Answer 1

Aim to rapidly convert an unplanned entry into a planned response & investigation with appropriate structure & procedures

Remove persons
Isolate site & maintain safety perimeter
Preserve the crime scene
Notify duty inspector, contact NCLRT & fire & ambulance if appropriate
Seek advice from NCLRT & fire about decontamination procedures
Occupants & staff at address to remain seperate until decontamination addressed
Seek medical advice if adverse effects

Question 2

Section 20
S and Act 2012
Warrantless search of places and vehicles in relation to some MODA 1975 offences

Answer 2

May enter and search place or vehicle if RGTB impracticable to obtain a warrant and that in/on place/vehicle
Controlled drug or precursor substance
Suspect offence has/will be committed
Believe that if entry not immediate evidence will be CADD

Hill v Attorney
Type of drugs searched for in taxi unknown
The right to search without warrant is triggered only where there is an objective belief that one of the drugs expressly included in the relevant schedules is present

Collins v Police
Downtown Auckland search of vehicle when driver exhibited signs of recent drug use
Evidence of demeanour & appearance alone unlikely to justify search

Question 3

Section 21
S and S Act 2012
Warrantless search of people found in or on places or vehicles

Answer 3

A constable conducting search of a place or vehicle under section 20 may without warrant search any person found in or on the place or vehicle

Unless impracticable obtain approval from sgt or above before exercising a warrantless search for drugs.

Question 4

Section 22
S and S Act 2012
Warrantless power to search for controlled drugs and precursor substances of offence suspected against MODA 1975

Answer 4

Constable may search person without warrant if RGTB
Person in possession of controlled drugs or precursor substance
Suspects offence against MODA has/will be committed

Question 5

Section 124
S and S Act 2012
Internally searches generally prohibited

Answer 5

No internal search of any part of the body except for mouth with their consent (includes nose and ears)
Cannot require anyone else to conduct internal search except as provided by section 23
Internal search includes X-ray machine or similar or a manual or visual examination

R v T
Female with drugs in mouth refusing to spit out
The viewing of what can be seen by normal observation of the face and when the mouth is open for speech is not an internal search

R v Roulston
Strip search followed by attempting swallowing
Police may use reasonable force (sect 41) to prevent person from swallowing drugs

Sneller v Police
Person refused to spit item out of mouth leading to physical struggle
Cannot force a mouth open without consent

Question 6

What is not an internal search

Answer 6

Constable, AO, searcher may conduct visual examination of Mouth, nose, ears can’t insert instrument, can use torch
Visual examination in these circumstances is not an internal search and is permitted as part of rub down search sect 87.

Question 7

Section 2
Mental health (compulsory assessment and treatment) act 1992
Interpretation

Answer 7

Mental disorder
Person in abnormal state of mind (whether continuous or intermittent) who may be delusional or their mood or perception maybe such that it poses a serious danger to h&s of person or others or seriously diminishes the capacity of such persons to look after themselves

Question 8

Section 109
Mental health (CAT) act 1992
Police may apprehend person appearing to be mentally disordered in public place

Answer 8

If found in public place and acting in manner reasonable belief mentally disordered any constable of desirable and in interests of person or public
Take person to station, hospital or survey or to some other appropriate place
Arrange for medical practitioner to examine person as soon as practicable
If medical practitioner RGB not mentally disorder must release
If medical practitioner after completing examination RGB person is mentally disorder must undergo assessment
Medical practitioner issues certificate under sect 8B(4)(b) and makes application under sect 8A
Can detain person until assessment complete not longer than 6 hrs and move person to another place as directed by medical practitioner

Question 9

Section 110C
Mental health (CPT) act 1992
Powers of police when urgent assistance required

Answer 9

Constable called to assist medical practitioner under section 110(4),110A(5) or 110B(4)
May enter premises where proposed patient is
Must produce id
Detain person at place or take to another place as directed by medical practitioner
Not longer than 6 hrs whichever is shorter
Medical exam
Administer drugs
Assessment exam

Question 10

Mental health (CAT) act 1992

Answer 10

Prevention first - take holistic approach to any offending and seek opportunities to prevent re-offending
Support of community services
The Act details Police powers and duties - responsible for providing assistance where legislation allows
MOU - cover responsibilities, transport of patients and use of force. DAO in offical charge of incidents

Mental disorder does not include 
Political, religious or cultural beliefs
Sexual preference 
Criminal or delinquent behaviour 
Substance abuse
Intellectual disability

Question 11

Arrest provisions apply

Section 122A mental health (CAT) act

Answer 11

Section 30 Crimes act
Protects you from criminal responsibility if arrest wrong person in good faith and on RB that person named in warrant

Section 31 Crimes act
Confers all statutory powers of arrest without warrant

Section 34 Crimes act
Confers the power to assist a constable in an arrest upon anyone asked to do so

Can use force as reasonably necessary to
Take retake person, proposed patient or patient
Detain person, proposed patient or patient
Enter premises

Question 12

Procedures to follow when asked to assist by medical practitioner

Answer 12

Verify urgency (can’t use force unless emergency)
Use force to detain if necessary at place or take to another place
Advise person of those rights
Can’t detain for longer than 6hrs
If more than trifling force used complete use of force report copy to director of area mental health services

Question 13

Mentally disordered person on private property

Answer 13

Police have no authority under mental health act to enter private property to detain person with mental disorder unless asked to do so by DAO or medical practitioner

Power to enter premises
Police can enter but if asked to leave must leave. Lawful occupier can request police to enter
Suspect committed offence punishable by imprisonment which they can be arrested without warrant sect 8 S and S Act allows you to enter private property can only enter if you think person will avoid arrested, CADD.
Can also enter private property under sect 7 S and S Act if suspect person unlawfully at large - inpatient order absent without leave

Sect 14 S and S Act allows you to enter private property or vehicle without warrant if suspect risk to life or safety requires emergency response. Warrantless entry if RGTS your entry will stop or prevent offence being committed that might injury, damage

Sect 18 S and S Act - enter property - RGTS person in possession of firearms mental and incapable of proper control

Question 14

Sale and supply of alcohol Act 2012
Section 4
Object

Answer 14

Sale, supply and consumption of alcohol should be undertaken safely and responsibly
Harm caused by excessive consumption should be minimised
Harm
Includes - any crime, damage, death, disease, disorderly, illness or injury directly or indirectly caused/contributed to be excessive consumption

Question 15

Section 237

Irresponsible promotion of alcohol

Answer 15

$10,000 fine

Licence suspension up to 7 days

Question 16

Section 266
Closure of licensed premises by police
Sgt or above

Answer 16

Constable may order closure of licensed premises - 24hrs from end of day if
Riot taking place - 6 or more persons
Fighting or serious disorder
Significant threat to public health or safety
Conduct amounts to substantial public nuisance
RGTB 5yrs plus offences have been committed & significant risk of further offences being committed

24hrs from end of day
Use force if necessary
Soon as order given, licensee or manger may apply to DCJ or 2 or more justices or 1 or more community magistrates for revocation of order - they may revoke or refuse to revoke
Commits offence if stays open
$10,000 & suspension of licensees licence for not more that 7 days
Manger fine not more than $10,000
If sells liable conviction fine $3000

Question 17

Section 267

Powers of entry on licensed premises

Answer 17

Enter and inspect at any reasonable time to ascertain compliance with the act
Enter and inspect RGTB any offence against Act being committed
Require copies of license, book, notice, record, list or other document required by Act
Licensee or manager to provide information or assistance
Commits offence fine $2000 if without reasonable excuse refuses/fails to comply with above

Question 18

Section 269

Power of police to demand information

Answer 18

RCTS offence committed against act may demand details
RGTB details false can ask for ID
If refuses/fails to provide details or ID, and persists after being caution maybe arrested without warrant
Offence $2000

Question 19

Closure of licensed premises by police

Answer 19

Riot - group of 6 or more persons acting together, using violence against persons, property

Licensed premises - premise where license held for sale, supply of consumption alcohol

Licensee - person who holds license of licensed premises

Manager - of licensed premises appointed under sale & supply of alcohol act

Factors to when deciding to close licensed premises:
Weight of evidence supporting closure
Previous interactions with police
Likelihood of escalating violence
Duration of closure

Deciding the duration of the closure - when order is likely to be restored
Closure sufficient to address public nuisance concerns
Impact on the licensee

Question 20

Local government act 2002
Section 169
Powers of arrest, search and seizure in relation to alcohol bans

Answer 20

Alcohol ban - by law made under sect 147
Offence - breach of alcohol ban
Restricted place - public place where alcohol ban in force

Constable may without warrant for purpose of ascertaining if alcohol present search, seize & remove any alcohol from restricted place in. Breach of alcohol ban
Arrest if committing offence
Arrest if person refuses to comply - leave restricted place, surrender alcohol

Factors
Existence of disorder/violence/antisocial behaviour hotspot location
Behaviour related complaints from members of public
Behaviour observed giving cause for concern
Intoxicated in place
Gathering of individuals likely antisocial behaviour

Arrest is last option all other options considered first
Offenders should be released from custody as soon as reason for their arrest no longer present (too intoxicated to look after themselves as soon as sober release)

Question 21

Local government act 2002
Section 170
Conditions relating to power of search

Answer 21

Before exercising power of search in relation to container or vehicle must
Inform person the opportunity to remove alcohol from public place
Provide with reasonable opportunity to remove

If planned event & dates constable may immediately without further notice exercise power under 169 to search (if authorised bylaw section 147)

Question 22

Enforcement of alcohol bans

Answer 22

Territorial authorities (TA's)
Are authorised by local government act 2002 to make bylaws in relation to a range of matters affecting local communities 

Principles:
Enforcement will not be directed to strict compliance but rather having regard to the reason for imposing ban
Question of time, place & circumstance
Directed to prevent alcohol related harm & antisocial behaviour caused by consumption of alcohol in public places

Maybe existing or anticipated
Must be seen to be fair

Question 23

Breach of alcohol ban (section 147 local government act 2002)

Answer 23

Must prove identity of offenders and that they breached a bylaw alcohol ban by
Consuming alcohol
Bringing alcohol
Possessing alcohol
In public place or vehicle in public place specified in bylaw

Penalty - AION $250

Exemptions
Alcohol unopened

Seizing alcohol section 169(2)(b)
Constable without warrant seize and remove alcohol that is in restricted place in breach of alcohol ban