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ADPP Session 1 & 2 > Drugs > Flashcards

Drugs Flashcards

This Deck covers the types of drugs, elements & legislation that you are required to know for the exams.

1
Q

What are the three groups drugs are divided into?

A
  1. Stimulants
  2. Depressants
  3. Hallucinogents
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2
Q

What is the definition of a prohibited drug?

A

Any substance, other than a prohibited plant, specified in schedule 1

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3
Q

What are the consequences of drug and alcohol abuse?

A

INDIVIDUAL EFFECT: Health implications, both mental and physical - Loss of employment - Deterioration of relationships - Financial loss

SOCIAL EFFECT: Increase in crime - Financial loss within communities - Loss of productivity

LEGISLATIVE: Change to laws restricting behaviour - Cost of enforcement and prosecution

FINANCIAL: Cost to health and emergency Services that deal with the outcome of substance abuse

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4
Q

What are the three stages of harm minimisation?

A

SUPPLY REDUCTION: Strategies to disrupt supply

DEMAND REDUCTION: Strategies to prevent or delay uptake

HARM REDUCTION: STRATEGIES to reduce adverse health, social and economic consequences

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5
Q

What is the acronym for the cannabis cautioning scheme?

A

US CAN CATION

U - 15 grams or Under
S - Sufficient evidence exists

C - Consent to caution / sign caution
A - Admits to the offence
N - No other offences involved for which a brief needs to be submitted

C - Cannot request / demand 
A - Appropriate in the circumstances 
U - Use is for personal 
T - Two cautions maximum 
I - Identification is confirmed 
O - Over 18 years of age 
N - No priors for sex, drugs (other than 1st caution) or violent offences.
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6
Q

What are three types of possession as per the Drug Misuse and Trafficking Act 1985, Section 7?

A
  1. Exclusive sole possession
  2. De-facto possession
  3. Joint possession
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7
Q

What are the elements of possession of prohibited drug?

A
  1. The accused
  2. Had a prohibited drug
  3. in his / her possession
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8
Q

He Kaw Teh

Possession =
Existence =
Nature =
Control =

A

Possession = Knowledge (Mens rea) + Control (Actus reus)

Existence = The fact that he knew the drugs were there.

Nature = The fact he knew the substance was a drug

Control = There must at least be de-facto control (only need one form of control)

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9
Q

List the elements of cultivation…

A
  1. The accused
  2. Knowingly takes part
  3. In the cultivation
  4. Of a prohibited plant
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10
Q

List elements of supply prohibited drug…

A
  1. The accused
  2. Supplied or knowingly takes part in the supply of
  3. Prohibited drug
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11
Q

What is the definition of reasonable suspicion?

A

More than a mere idle wondering whether something exists or not.

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12
Q

What is the definition of a psychoactive substance?

A

Any substance (other than a substance to which this part does not apply) that, when consumed by a person, has the capacity to induce a psychoactive effect.

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13
Q

List elements of possession of prescribed restricted substances…

A
  1. The accused
  2. Possessed or attempted to obtain possession of
  3. A prescribed restricted substance
  4. Without lawful excuse
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14
Q

When can liquor be disposed of?

A

Seized liquor may be disposed of when seized if:

a) At the time of seizure it is in a container that is unsealed or from which part of the contents have been removed, or
b) it is, or is likely soon to become, unfit for human consumption

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15
Q

List the criteria to detain an intoxicated person…

LEPRA, Section 206

A

A police officer may detain an intoxicated person found in a public place who is -

a) Behaving in a disorderly manner or in a manner likely to cause injury to the person or another person or damage to property, or
b) In need of physical protection because the person is intoxicated.

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16
Q

What is the definition of an intoxicated person?

LEPRA, Section 205

A

A person who appears to be seriously affected by alcohol or another drug or a combination of drugs.

17
Q

List the different types of liquor licences…

Liquor Act, Section 10

A
  • Hotel licence
  • Club licence
  • Small bar licence
  • On-premises licence
  • Packaged liquor licence
  • Producer / wholesale licence
  • Limited licence
  • Any other type of licence that is prescribed by the regulations
18
Q

Complete the following in relation to duty of care

Wherever police have a person in their custody there is a duty upon them …

A

to take all reasonable steps tp avoid acts or omissions, which could reasonably be foreseen to harm the person.

19
Q

Complete the definition of intoxicated

(Liquor Act, Section 5)

A person is intoxicated if …

A

a) The person’s speech, balance, co-ordination or behaviour is noticeably affected, and
b) It is reasonably in the circumstances to believe that the affected speech, balance, co-ordination or behaviour is the result of the consumption of liquor.

20
Q

What are the three key summary offences set out in the drug misuse and trafficking Act 1995?

A

Section 10 - Possession of a prohibited drugs

Section 11 - Possession of equipment for administration of prohibit drugs

Section 12 - Self - administration of prohibited drugs

21
Q

What are your elements of proof for possession?

A
  1. Custody or control
  2. Knew that they had it
  3. Believed that it was a prohibited drug
22
Q

What gives police the power to enter a liquor premises?

A

Section 24 of the Gaming and Liquor Administration Act 2007

23
Q

What is the purpose of entry to a licensed premises?

A
  1. Compliance / contravention
  2. Information / records connected with admin
  3. Exercising functions of an inspector
24
Q

when walking through a licensed premises what do you need to take note of?

A
  1. Time and date of the walk through
  2. Number of patrons
  3. Security personal present (how many, and if ID is displayed)
  4. Entertainment
  5. CCTV
  6. Was any food available
  7. Other eg, Promotions, gambling, drinking games
  8. any breaches detected
25
Q

Section 206 outlines the procedure for the detention of intoxicated persons. Police may detain an intoxicated person found in a public place who is …

A

a) Behaving in a disorderly manner or likely to cause injury or damage property.
b) In need of physical protection because the person is intoxicated

26
Q

The detained intoxicated person may be taken & detained in an authorised place of detention if…

A

a) Necessary to find a responsible person to take care of the intoxicated person
b) A responsible person cannot be found
c) The intoxicated person is behaving or like to behave so violently that a responsible person would not be capable of taking care of and controlling the intoxicated person.

27
Q

What are the three reasons police may seize liquor in a public place?

A
  1. The person is under the age of 18 years
  2. The person is not under the supervision of a responsible adult
  3. The person does not have a reasonable excuse for possessing the liquor
28
Q

What are there elements of possession of liquor by minors?

Summary Offences Act, Section 11 (1)

A
  1. Person under the age of 18 years
  2. Did possess or consume liquor
  3. In a public place
  4. Not under the supervision of a responsible adult, or with
  5. No reasonable excuse
29
Q

Explain take part in …

A

The person takes, or participates in, any steps, or causes any steps to be taken in the process of cultivation, manufacture, production or supply.

30
Q

What is a definition of the term supply?

A

Sell, distribute, agreeing to supply, offering to supply or having possession for supply.

31
Q

What is section 40 of the Drug Misuse and Trafficking Act?

A

Effect of certain representations

ADPP Session 1 & 2 (19 decks)

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