Drug Offences 9 Flashcards
Criteria for issuing surveillance device warrant (s51)
Criteria for issuing surveillance device warrant (s51) -
a. There are reasonable grounds -
i. To suspect that an offence has been committed, or is being committed,
or will be committed in respect of which this Act or any enactment specified in column 2 of the schedule
authorises the enforcement officer to apply for a warrant to enter premises for the purpose of
obtaining evidence about the suspected offence AND
ii. To believe that the proposed use of the surveillance device will obtain information that is evidential material in respect of the offence AND
b. The restrictions in section 45 do not prevent
the issuing of a surveillance device warrant in the circumstances.
Informers – s64, Evidence Act 2006
Informers – s64, Evidence Act 2006
- An informer has a privilege in respect of information that would disclose,
or is likely to disclose, the informer’s identity
- A person is an informer for the purposes of this section if the person –
a. Has supplied, gratuitously or for reward, information to an enforcement agency,
or to a representative of an enforcement agency,
concerning the possible or actual commission of an offence in circumstances
in which the person has a reasonable expectation that his or her identity will not be disclosed AND
b. Is not called as a witness by the prosecution to give evidence relating to that information
3. An informer may be a member of the Police working undercover.
Definition - Evidential Transcript
Evidential Transcript -
Analysis of the intercepted communications, (also referred to as sessions),
are painstaking, and require patience, dedication and attention to detail.
Each session is carefully analysed and a transcript of all relevant evidence is made.
The transcript must be a verbatim copy of the recorded version of the conversation.
However, when it is presented to the Court,
the recording will be played back in such a manner
that extraneous or inadmissible evidence is not disclosed.
The following key activities should be undertaken by the telephone investigator during the first 24 hours, (O/C – Phones);
The following key activities should be undertaken by the telephone investigator during the first 24 hours, (O/C – Phones);
- “Trapping” or “pre-loading” phone data
- TSP Liaison
- Draft a production order application early
- Analysts
- Proving phone ownership
Clan Lab indicators – Outside
Clan Lab indicators – Outside
• Chemical odours, coming from the building, rubbish or detached buildings.
The odours can be sweet, bitter, ammonia or solvent smells
- Exhaust fans running at odd times
- Frequent visitors at odd hours
- Windows blackened out or curtains always drawn
- Also bottles, plastic containers and boxes with labels removed
Clan Lab safety considerations
Clan Lab safety considerations -
- Leave the area immediately, your safety is paramount.
- Never touch, taste or smell any chemicals or equipment.
- Do not attempt to stop the chemical reaction, or
turn any electrical devices such as lights or fans on or off.
The simple act of turning on an electrical switch may cause an explosion.
- Do not shut off the water supply to the house or the chemical reaction.
- Do not smoke in or near a Clandestine Laboratory.
- Do not use tools, radios, cell phones, torches or devices that produce spark or friction.
- Do not re-enter premises
Things to cover in initial interview with C/YP at clan lab
Things to cover in initial interview with C/YP at clan lab
• Basic health questions such as:
headaches, nausea, breathing difficulty, dizziness, fatigue
- The occupant’s details.
- Details of other siblings, children or YP’s at the address.
- The sleeping arrangements.
- The playing and eating areas.
- School or pre-school details.
- The name of their doctor.
- Knowledge of drugs, manufacturing, dealing activities.
12 Things you must do for initial action at clan labs where C/YP located
12 Things you must do for initial action at clan labs where C/YP located -
- Removal of the child or YP from the immediate scene.
- Assigning of an officer to look after and monitor the child or YP.
This officer will make themselves known to the Social Worker when they arrive at the scene.
- Provision of age appropriate explanations to the child or YP about what is going to happen to them, i.e. the need to use special clothing.
- Assessment of the child or YP by ambulance staff for injury, illness or respiratory distress.
- Request for CYF attendance at the scene (if not already done).
- Distribution of suitable personal protective equipment (PPE) to CYF staff, together with a
- ‘Decontamination Kit for CYPs’ for each child or YP.
- Placing of the child or YP in a Tyvek suit or having them wrapped in a blanket. This must occur before handover to Child, Youth and Family staff.
- Most appropriate decontamination for the child or YP.
- Photographing of the child or YP at the scene.
- Recording of the physical condition of the child or YP including any injuries.
- Recording of the mental state of the child or YP
Section 16, Bail Act 2000
Section 16, Bail Act 2000 -
• Bail for drug dealing offences may be granted by High Court or District Court Judge only.
Points for Large-scale commercial cultivation
Points for Large-scale commercial cultivation -
- Volume of cannabis found in the Defendants possession
- Admissions made by the Defendant
- Intercepted communications
- Observation evidence, particularly over extended periods
- Significant cash holdings and/or movements
- Evidence of extensive crop yields
