Drugs alcohol and mental health Flashcards
s20 Warrantless search for drugs
Not practicable to obtain warrant and
**
RGB**
- controlled drug in/on place or vehicle; and
- if entry not effected then CADD
s21 Warantless power to search people found in places or vehicles for drugs
If s20 used, may search people.
Unless impractical, obtain approval from Sgt or higher before exercising warantless searches
Hazardous substances / new organisms act. What is hazardous
Explosive
Flammible
Oxidises
Corrosive
Toxic
Eco toxic
(or on contact with air or water becomes above)
Hazardous substances / new organisms act. What is a new ORGANISM
New species not in NZ before 1998
Risk species to NZ
Genetically modified organism
Organism with containment approval
Hazardous substances / new organisms act. What is an EMERGENCY
Actual or imminent danger to human health or safety; or
Danger to environment / property requiring immeadite action to remove
Hazardous substances / new organisms act. What are Declaration of emergency powers
Where there is an emergency and no emergency has been declared, can;
- enter any permises /dwelling
- remove cause of emergency
- stabilise the situation (destroy any property)
- proect H&S of people/property
- remove or prevent people on property
Hazardous substances / new organisms act. When does an emergency cease
After 48 hours or
Declaration of Civil Defence, FENZ, Biosecurity
What is the objectivce of the Sale and Supply of Alcohol Act
Sale, supply , consumption should be safe and responsible and harm should be minimised
Sale and Supply of Alcohol Act. Define harm
crime, damage, death, disease, disorder, illness, injury
DIRECTLY or INDIRECTLY; AND
Harm to society in general
Sale and Supply of Alcohol Act
Power of entry - licenced premises
May enter at a reasonable time to inspect and ensure compliance; or
RGB offence against AA committed.
May require licence, book etc required by act to examine or copy
- licensee/mgr to provide infom or assistance for licensee duties
Breach of alcohol act
RGS offence may:
- require person to produce their particulars and if you suspect they have provided false details they should provide evidence
-
- failure - may arrest
Mental Health. What is a mental disorder
Abnormal state of mind by mood, delusions, perception, cognition -
which poses serious danger to H&S of anyone; AND
seriously diminishes their capacity to take care of themselves.
Who can request DAO for a person suffering a mental disorder
Anyone.
DAO must determine
- if concerns are genuine
- RGB person suffering mental disorder-
- decide is exam in required.
If an examination is required, but not urgent, what must the DAO do?
- arrange a MH practitioner to examine with view to issue s8 cert
- once s8 cert is issued, assist in application for assessment
If a MH examination is urgent, what must the DAO do?
Get a MH practitioner ro come to examine person with view to s8 cert
Call for police assistance to get person to MH Unit for assessment.
s40 Assisting returning a patient to assessment or treatment
If person subject to Community Treatment Order refuses to attend / is an impatient and is absent without leave:
DAO may take steps to take patient back to place they are required and may call upon assistance of police
Police may enter and detain (max 6 hrs or time it takes for exam) and take to place for exam.
Mentally disorders person in p/place
May take to Hospital/station/appropriate place and arrange a MH practitioner to examine.
If MH practitioner says not mentally disordered - must release.
If disordered, s8 cert
Mental Health and use of force
Use such force as reasonably necessary (record and provide copy to MH service asap)
MOU. Police and Min of Health
- Police transport and use of force
- DAO is the official in charge of any incident requiring MH Act and response from police.
- assessment least restrictice environment possible (home best choice)
- Intoxication should not deleay a MH assessment
Mental disorders does not include
Beliefs (policical, religious, cultural)
Sex prefs
Crim behaviour
Substance abuse
Intellectual disability
Entering a home for Mental Health
- Power of entry limited to assisting DAO
- Can’t take person if refusing to attend unless a notice has been issued by health professional and explained to patient.
- If force used more than minimal - TOR
Police station as clinic for MH
Only use as a last resort
If asked to take a person to station, NOT oblidged to do so, can advise DAO patient can be taken to Hospital or other facility.
If person is violent and hospital doesn’t have a bed, use station as last resort.
What is themaximum duration for detention for MH
6 hours and must BOR for detention
What to do if DAO isn’t present after they request assistance
If not urgent, decline to assist. Police should not routinely be involved in applications for compulsory assessment.
May act on verbal request from DAO (phone call) to transport person to place for exam/assessment
Can help Dr admin drug (restrain) if they are a danger to themselves/others.
Mentally disordered persons wandering at large
Power to apprehend s109 if in interest of person or public to do so.
Mentally disordered persons on private property
No power to enter under MH Act unless DAO or MH Prac requests.
TENR - can enter private property
(s14) if risk to life/safety requiring emergency response.
Warrantless entry is RGS will stop/prevent offence being committed that may injure a person or damage property
s7 Can enter to arrest person U/L at large (eg inpatient order)
Power of entry is firearm involved also s41 prevent suicide.
