Controlled Deliveries Flashcards
1
Q
Who holds statutory power to undertake a controlle delivery?
A
Power to undertake a controlled delivery is vested in a Customs officer only, under s12 of the Misuse of Drugs Amendment Act 1978.
2
Q
Methods of Drug Importation
A
- International mail centre
- International airport
- imported air freight
- imported sea freight
- transhipped air or sea freight
- arriving commercial vessel
3
Q
What two options exist for a controlled delivery?
A
- Clean controlled delivery where no drugs are left withing the consignment. (low risk, though only results in importing charges)
- Leave an amount of the drug within the consignment and subsitute the remainder of the drugs. (Allows for charging of possession however more risk and rescouce heavy, allows for use of emergency powers)
4
Q
6 steps in intial action following detection of a package
A
- Assume ownership and leadership of the investigation. Appoint: OC Investigation, OC File, OC Exhibits, OC Phones, Customs liason officer.
- Liaise early with Customs
- Consider electronic interception
- Request customs to manilulate track and trace
- Contact: surveillance, photographs, TCU and CMC
- Start planning operation
5
Q
Outline emergency powers available:
A
- s15/16/17 S&S - seach place/people/vehicle for evidence of 14+ offence.
- s19 S&S - search person for evidence of s6 MODA offence
- s20 S&S - search vehicle/place for drug if offence suspected
- s22 S&S - search person for drug if offence suspected
- s23 - internal search of someone arrested
- s121 - stop vehicle to use power
- s9 - stop vehicle to arrest.
6
Q
Powers under s81 S&S
A
During couse of s12 controlled delivery may:
- Search a person inivolved in delivery
- enter and search any place/craft/vehicle
- seize anything described in subsection 2
If RGTB a person/place/vehicle cotnains:
- A controlled drug
- a precusor substance
- a package in relation to which the s12 deliever is related to
- Evidential meterial on a s6(1)(a) offence (importing)
