Drugs, alcohol and mental health Flashcards
What does S.124 of S&S Act say about internal searches
- Unless authorised by another enactment an enforcement officer must not conduct an internal search of any part of the body of any person, except for, with the person’s consent, searching the person’s mouth
- A constable must not require any other person to conduct an internal search of any part of the body of any person, except as provided in S.23
What is an internal search
An internal search is an internal examination of any part of the person’s body by means of:
1. an x-ray machine or similar device
2 a manual or visual examination (whether or not facilitated by any instrument or device)through any body orifice
What is not an internal search
A constable, authorised officer or searcher may conduct a visual examination (whether or not facilitated by any instrument or device designed to illuminate or magnify) of the mouth, nose and ears but must not insert any instrument, device or thing into any of those orifices
What was held in Hill v Attorney General about “Reasonable Grounds for Belief”
This will be a 2 step process;
- First, are there reasonable grounds for believing a controlled drug is in the house, vehicle etc, in respect of which an offence against the Act has been or is being committed; AND
- Second, are there reasonable grounds for believing the drug is one of those specified
What was held in Collins v Police about ‘Reasonable Grounds for Belief”
Although each case will be decided on its facts, evidence of demeanour and appearance alone is unlikely to justify a search under S&S provisions or indeed any other police procedure requiring reasonable belief on the part of the officer
What was held in R v ROULSTON
Where a person being searched deliberately places a drug in the mouth to avoid it being seized or to provoke Police into use of force, there is no persuasive case for preventing the Police using reasonable force to take possession of the drug, particularly in view of S.41 CA 1961
What are the 5 circumstances in which a Constable can close a licensed premises for the sale of alcohol for up to 24 hours (S.266 Sale and Supply of Alcohol Act)
- If a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises
- if there is fighting or serious disorder or reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises
- if there is a significant threat to public health or safety
- if the conduct on the licensed premises amounts to substantial public nuisance
- if there are reasonable grounds for believing offences have been committed on the licensed premises that carry a maximum penalty of 5 years or more and there is a significant risk of further such offences being committed on the premises if the premises remain open
What are the 4 considerations Police must take into account when considering closing a licensed premises
- the weight of evidence supporting a closure
- previous interactions with Police
- likelihood of escalating violence
- duration of the closure
What are the 3 considerations Police must have when deciding on the duration of closure on a licensed premises
- when order is likely to be restored
- the closure sufficient to address public nuisance concerns
- the impact on the licensee
What is the definition of Mental Disorder under the Mental Health (CAT) Act 1992
A person is in an abnormal state of mind (continuous or intermittent) who may be delusional, or their mood or perception may be such that it poses serious danger to the health and safety of that person or others, or seriously diminishes the capacity of such persons to look after themselves
S.4 of the Mental Health (CAT) Act 1992 explains that the Act’s compulsory assessment and treatment procedures may not be invoked simply because of a person’s what
- political, religious or cultural beliefs
- sexual preferences
- criminal or delinquent behaviour
- substance abuse
- intellectual disability
What are the 3 things Police can assist DAO’S to do
- If a person is believed to have a mental disorder and needs a medical examination urgently Police may help the DAO to effect S.38(4)(b)
- If the person must go to the medical practitioner but is unwilling to go you can help the DAO take the person and ensure they are examined S.38(4)(d)
- You can also help a DAO take all reasonable steps to take or return proposed patients to places of assessment and treatment if they are refusing to attend or are absent without leave S.40(2)
If you are helping a DAO what are the 3 things you must or may do
- You may enter the premises where the person is, and
- Must produce I.D/evidence that you are a Police constable if not in uniform
- may detain the person for up to 6 hours or the time it takes to complete the medical examination, whichever is shorter
