Drugs, Alcohol and Mental Health Flashcards
S & S Act, s20
May enter and search a place or vehicle without warrant if reasonable grounds
To believe not practicable to obtain a warrant and there is specified controlled drug AND
Suspect offence against MODA 1975 has/is/about to be committed AND
If entry and search not immediate CADD
S & S Act, s22
May search a person without warrant
RGTB person in possession of specified controlled drugs AND
Suspect offence against MODA has/is/about to be committed.
Who needs to approve a warrantless search for drugs?
Sergeant or above unless impracticable.
Define internal search
Internal examination of any part of person’s body by means of
Z-ray machine or similar device OR
Manual or visual examination through any body orifice.
Who is authorised to carry out internal search?
Must be registered medical practitioner.
Is evidence of demeanour and appearance sufficient to justify warrantless drug search?
Unlikely on its own.
Emergency has been declared under s136, Hazardous Substances and New Organisms Act 1996. What conditions need to be met to cease the emergency?
48hrs after the declaration OR
State of emergency declared under Civil Defence Emergency Management Act OR
Emergency treated by FENZ as emergency under FENZ Act OR
Emergency declared under Biosecurity Act.
What can an enforcement officer do when an emergency is declared under s136, Hazardous Substances and New Organisms Act 1996?
Enter any premises or dwelling,
Exercise powers in other sections (103, 119(5)),
Direct any person to stop any activity which may contribute to emergency,
Request any person either verbally or in writing to take any action to prevent or limit extent of emergency,
Direct any person to take any action to prevent or limit,
Direct any person to leave any place in vicinity of emergency,
Direct any person to refrain from entering vicinity of emergency,
Requisition any property for use in emergency,
Destroy any property to prevent or limit,
Secure site for up to 24hrs following decision that danger is past.
What is the object of the Sale and Supply of Alcohol Act 2012?
The sale, supply and consumption of alcohol should be undertaken safely and responsibly AND
The harm caused by the excessive or inappropriate consumption of alcohol should be minimised.
What are the grounds for closing a licensed premises?
Riot taking place or RGTB riot may occur on licensed premises OR
Fighting or serious disorder or RGTB about to break out OR
Significant threat to public health or safety OR
Conduct amounts to public nuisance OR
RGTB offence committed of 5yrs+ and significant risk of further offences.
What rank gives authority to close licensed premises?
Sergeant or above.
Define riot
a group of 6 or more persons who, acting together, are using violence against persons or property to the alarm of persons in the neighbourhood.
List factors to consider when deciding to close licensed premises.
Weight of evidence
Previous interactions with Police
Likelihood of escalating violence
Duration of the closure
List factors to consider when deciding on the duration of the closure of licensed premises.
When order likely to be restored
Closure sufficient to address public nuisance concern
Impact on licensee
Maximum time a person can be detained under Mental Health Act
6hrs
