Drugs and Alcohol Flashcards
Clan Lab procedures:
- Immediately remove POI
- Isolate site and maintain perimeter
- Preserve scene
- Notify inspector, NCLRT and fire
- Seek advice from NCLRT
- Occupants and staff to remain seperate until decontaminated
- Seek medical advice if needed
Section 20 S&S:
Warrantless power place or vehicle
Enter and search
RGB - there is a controlled drug and not practical to obtain warrant
RGS - an offence against MODA has, is or is about to be committed
RGB - if entry and search isn’t carried out immediately evidence will be CADD
Section 21 S&S:
Warrantless search of people found in place or vehicle
Section 22 S&S:
Warrantless power to search person
RGB - in possession of controlled drug
RGS - offence against MODA has, is or is about to be comitted
*S22 is not a power of entry
Circumstances where an internal search may be required:
Suspect arrested for offence against Section 6,7,11
AND
RGB suspect has secreted evidence or drugs within their body
Who can conduct an internal search?
A medical practitioner
What happens if a suspect does not consent to an internal search?
They must consent.
No consent? Court may decline bail and keep in custody for up to 2 days
Object of the Sale and Supply of Alcohol Act:
The sale, supply and consumption of alcohol should be undertaken safely and responsibly and harm caused by excessive or innappropriate consumption minimised
In what circumstances can Police close a licensed premise? Section 266
- Riot
- Fighting or serious disorder
- Significant threat to public health or safety
- Conduct amounts to substantial public nuisance
- RGB offences have been committed on premise which carry a penalty of 5 years or more
What constitutes a riot?
6 or more people acting together using violence against person or property
How long can Police close a premise for under Section 266?
24 hours from the end of the day on which the order was made
Considerations when closing a licensed premise:
- Impact on licensee
- Effect on disgruntled patrons
- Weight of evidence
- Previous interactions
- Likelihood of escalating violence
- Duration of closure
What are Police powers to enter a licensed premise?
Under Section 267
May enter and inspect any licensed premise at any reasonable time
What powers do Police have to demand details in licensed premises?
Under Section 269
RGS person is, has or is attempting to commit any offence against Sale and Supply of Alcohol Act
require to provide NAD
Police power of search in alcohol ban area:
Section 169.
May search any container for purpose of ascertaining whether alcohol is present
