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Study Cards Exam 25 > Drugs, Alcohol & Mental Health > Flashcards

Drugs, Alcohol & Mental Health Flashcards

1
Q

What is S20 S&S Act?

A

A constable may enter and search a place or vehicle without warrant if RGTB

  • Believe specified drug is in that place or vehicle &
  • An offence against the MODA is/has/about to occur &
  • If entry and search is not conducted immediately then CADD will occur to evidential material

Warrant preference rule applies

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2
Q

What is S21 S&S Act?

A

When conducting a S20 S&S warrantless search you may search any person found in/on the place/vehicle

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3
Q

What is S22 S&S Act?

A

Can search a person without warrant for specified drugs if RGTB they have drugs on them and an offence against MODA has/is/will occur

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4
Q

What is S124 S&S Act?

A

Internal searches are generally prohibited except

  • searching a persons mouth with their consent
  • under S23 S&S by a medical practitioner
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5
Q

Who do you need approval from before invoking a warrantless drug search?

A

Sgt or above unless impractical

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6
Q

What is considered an internal search?

A

Internal exam of any part of a persons body by means of

  • X-ray or similar device
  • a manual or visual examination through any body orifice
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7
Q

What is NOT an internal search?

A

Visual exam of mouth, ears, nose is considered part of a rub down search

Can use a torch but can’t be inserting it..

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8
Q

If an internal search is justified who can conduct it?

A

A registered medical practitioner. Can only be conducted for some offences under MODA, the person is arrested and you have RGTB that they have property secreted within their body

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9
Q

What do you need to form “reasonable belief”?

A

It’s an objective test IE what would a reasonable person believe. Can be drawn from a wide range of factors/info.

If there is a significant time delay regarding info then that belief will diminish over time (also make it harder to not justify a warrant) (R v MERRETT)

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10
Q

Can you search a vehicle/place/person for “drugs”?

A

No. You need to have a belief as to what drug you’re searching for and that it’s one of the specified drugs under MODA. You need to be able to articulate how/why you formed that belief in Court. (HILL v Attorney-General)

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11
Q

Can you rely on someone’s demeanour and appearance alone to justify a warrantless search for drugs?

A

Not alone but it may play into your belief alongside other factors. Heaps of people get sketchy talking to cops (COLLINS v Police)

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12
Q

If someone attempts to swallow drugs and you prevent them from doing so is this an internal search?

A

No. They’ve artificially created a situation where you’ve had to stop them from swallowing drugs. Can look to use S41 Crimes Act (prevent suicide or harm) to justify actions.

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13
Q

If you see something inside someone’s mouth while they’re talking etc is that an internal search?

A

No, not if seen through routine interaction. To get them to open their mouth so you can look you need their consent.

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14
Q

Is refusing to spit something out when requested obstruction?

A

No. Need consent to conduct a search of the mouth so it holds that you cannot compel someone to spit something out against their will.

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15
Q

What is a hazardous substance under the Hazardous Substances and New Organisms Act?

A

Any substance with one or more of the following properties

  • Explosive
  • Flammable
  • Capacity to oxidise
  • Corrosiveness
  • Toxicity
  • Ecotoxicity

Or upon contact with air or water generates a substance with one or more of the above properties

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16
Q

What is a new organism under the Hazardous Substances and New Organisms Act?

A

Basically an organism not meant to be here or is for contained release only including genetically modified organisms

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17
Q

What constitutes an emergency under the Hazardous Substances and New Organisms Act?

A
  • Actual or imminent danger to human health or safety or
  • A danger to the enviroment or chattels so significant that immediate action is required to remove the danger

arising from a hazardous substance or new organism

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18
Q

Who is an enforcement officer under the Hazardous Substances and New Organisms Act?

A

Any constable and any member of FENZ

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19
Q

When can you declare an emergency under the Hazardous Substances and New Organisms Act?

A

When there is an emergency and there is no current state of emergency in place and it is not currently dealt with.

AND

You need to utilise powers conferred under S137 of the Act to address the emergency
- Enter any premises or dwelling
- Remove the cause of the emergency
- Stabilise the situation to limit the adverse affects of the emergency
- Protect health and safety of people/property/environment from the emergency

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20
Q

How do you declare an emergency under the Hazardous Substances and New Organisms Act?

A

Identify yourself to anyone around
State your authority to declare an emergency
Announce the nature of the emergency and the area likely affected

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21
Q

Who do you notify when you declare an emergency?

A

The Authority (Enviromental Protection Authority)

22
Q

When does an emergency cease?

A
  • 48hrs from declaration
  • When a state of emergency is declared under the Civil Defence Emergency Management Act
  • When FENZ or Biosecurity use their Acts

Whichever is sooner

An emergency can be redeclared one further time if the conditions for its declaration still exist.

23
Q

What powers come from declaring an emergency under the Hazardous Substances and New Organisms Act?

A
  • Enter any premises
  • Direct any person to stop any activity which may contribute to the emergency
  • Request any person either verbally or in writing to take any action to prevent or limit the emergency
  • Direct any person to leave any place in the vicinity of the emergency
  • Direct any person to refrain from entering the vicinity of the emergency
  • Requestion any property or any other thing in order to prevent or limit the emergency
  • Destroy any property or thing
  • Secure the site for up to 24hrs following the decision of an enforcement officer that the emergency has passed
24
Q

What is the purpose of the Sale and Supply of Alcohol Act?

A
  • Ensure that the sale, supply and consumption of alcohol is undertaken safely and responsibly
  • That harm caused to excessive or inappropriate consumption of alcohol is minimised
25
Q

When can a constable or inspector enter a licensed premises for a 3H?

A
  • Any reasonable time or
  • Any time RGTB an offence against the Act is being committed on the premises
26
Q

Who can you demand particulars from during a 3H?

A

Any person you suspect of committing an offence against the Act. Can require them to produce ID.

If they fail or refuse they may be arrested

27
Q

What is a mental disorder under the Mental Health (Compulsory Assessment and Treatment) Act?

A

Abnormal state of mind characterised by delusions, disorders of mood, perception, cognition to such a degree that

  • They’re a serious danger to themselves or others
  • Seriously diminished capability to take care of themselves
28
Q

What is S38 of the Mental Health (Compulsory Assessment and Treatment) Act?

A

Anyone who believes that a person is suffering from a mental disorder can at any time request the assistance of a DAO

The DAO must
- decide if there are concerns. if so decide if urgent assessment or not

If the person does not need assessed urgently they must
- Arrange for a Mental Health Practitioner to examine and potentially section under S8B
- Once Sectioned assist someone to apply under S8A for an assessment of the person or do it themselves if no one else is available
- Arrange for assessment examination to be conducted under S9

If urgent
- Try get the Mental Health Practitioner to come to the person. Take all reasonable steps to enable assessment including Police if needed under S41
- If not get the person to go to the Mental Health Practitioner (ideally willingly but can request Police under S41 if needed)

Don’t need another S8B cert if one has been issued within 72 hrs

29
Q

What is S39 of the Mental Health (Compulsory Assessment and Treatment) Act?

A

Anyone can at anytime request a DAO assess the care, treatment, behaviour of any mental health patient that is not currently in hospital including inpatients on leave

30
Q

What is S40 of the Mental Health (Compulsory Assessment and Treatment) Act?

A

A DAO can take or return a patient or proposed patient to a place of assessment for treatment and may take all reasonable steps to take them to that place they are required to attend

31
Q

How does the Assessment process work?

A

DAO called
- DAO assesses, calls Mental Healt Practitioner
- DAO or family fill in S8(A)
- Mental Health Practitioner fills in S8(B)
- S9 assessment is conducted. Can be at the Hospital. This leads to the “Sectioning”

32
Q

What is S41 of the Mental Health (Compulsory Assessment and Treatment) Act?

A

DAO can request Police assistance to do their thing
- Police can enter the premises where the person is
- Detain the person there for 6hrs max
- Take the person to a place for an examination and detain there for 6hrs max
- Can only enter the address without warrant if it would be unreasonable to seek one (Warrant template found on the Health NZ site)

33
Q

What is S109 of the Mental Health (Compulsory Assessment and Treatment) Act?

A

Found at large in a public place and mentally disordered can be detained and taken to hospital or other place for as assessment. 6hr time limit

34
Q

What is Section 110(C) of the Mental Health (Compulsory Assessment and Treatment) Act?

A

If called to assist a Mental Health Practitioner may enter premises and detain/transport for assessment. 6hr limit.

May also assist with sedation if required.

35
Q

What is S122B of the Mental Health (Compulsory Assessment and Treatment) Act?

A

Power to use force to take or detain a person under the Mental Health (Compulsory Assessment and Treatment) Act or enter premises

36
Q

What must be done if force is used under S122B of the Mental Health (Compulsory Assessment and Treatment) Act?

A
  • Circumstances recorded ASAP
  • Copy of the record must be given to the Director of Area Mental Health ASAP
37
Q

Why are Police withdrawing from MH jobs?

A

MH has been treated as a justice issue when it is a health issue. The use of Police leads to negative outcomes. Police will still attend where there is an immediate risk to life or safety or there is a criminal offence that meets our normal attendance threshold

38
Q

What is the Mental Health Response Change Programme?

A

The phased withdrawal of Police from routine MH jobs

39
Q

Why are people with mental disorders inherently vulnerable?

A
  • More likely to be discriminated against
  • More likely to be victims of crime
  • More likely to experience poorer health outcomes
40
Q

What should Police do when interacting with persons in mental distress?

A
  • Focus on mana enhancing interactions
  • Liaise with other agencies/family/other social supports
  • Where appropriate utilise alternative resolutions/discretion
  • Ensure all relevant info is provided to DAO particularly around risk
41
Q

When is Mental Health Police business?

A
  • An immediate serious risk to life or safety of any person
  • A criminal offence that Police would attend

The Police role would primarily be to assist MH professionals in their response rather than as the lead agency

42
Q

What should you do if there are offences discovered during a MH response?

A

Share with other agencies during handover, including notebooks and photos as it is part of their risk assessment

43
Q

What are some behavioural descriptors that Police can use when speaking with health professionals?

A
  • Imminent risk of physical harm
  • Delusions
  • Hallucinations
  • Disordered thought
  • Disturbance of orientation/memory/perception
  • Impulsivity/recklessness
  • Unregulated or extreme emotion
44
Q

What is the deal with the MOU with Ministry of Health?

A

Police have withdrawn from it. All local MOU’s are null and void. A new MOU will have to be written but isn’t yet available

45
Q

What are the two principle MH Acts that relate to Police?

A
  • Mental Health (Compulsory Assessment and Treatment) Act
  • Criminal Procedure (Mentally Impaired Persons) Act 2003 (applies to persons with an intellectual disability)
46
Q

What is required to take a patient or proposed patient to a place of assessment or treatment under S41?

A
  • A warrant to take the person (obtained by the Director of Area Mental Health Services)
  • A warrant to enter the premises to get the patient (obtained by the Police. The warrant template is on the Health NZ site)
47
Q

Where should a person be assessed?

A
  • Persons home
  • Health setting
  • Police cells (last resort, person must be assaultive and safety is a serious concern)

If MH dispute Polices decision then escalate to the DCC

48
Q

When can Police use force under the Mental Health (Compulsory Assessment and Treatment) Act?

A
  • Justified and
  • DAO gives clear instruction to do so and
  • The patient would likely suffer harm or cause harm if force was not applied and
  • the force used is necessary and proportionate
49
Q

Should you handcuff a MH patient?

A

Only if necessary and proportionate to do so. Ideally take them off prior to going into ED as its traumatic AF

50
Q

Can you assist the DAO remotely?

A

In exceptional circumstances you might use Facetime or similar. Don’t allow this to be routine

51
Q

Are inpatients that haven’t returned from leave unlawfully at large?

A

No but special and restricted patients are. Can enter address under S7 S&S to arrest and return them.

52
Q

Can you detain under S41 Crimes Act?

A

No, can prevent suicide but no power of transport or detention. Could potentially use it to cover laceration/overdose where needs medical treatment

Study Cards Exam 25 (4 decks)

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