Drugs Clan Lab/Prosecution Procedure

Question 1

What outside indicators are there that there are clan labs present?

Answer 1

• Chemical odours coming from the building, rubbish or detached buildings. The odours can be sweet,bitter,ammonia or solvent smells.
• exhaust fans running at odd times.
• frequent visitors at odd hours
• Windows blackened or curtains always drawn
• People coming out to only smoke.
• Occupants unfriendly, appear secretive about their activities, exhibit paranoid or odd behaviour.
• expensive security or surveillance gear.
• Access denied to landlords, neighbours, other visitors.
• Rubbish containing a large amount of cloud medication containers or packaging
• Also bottles, plastic containers and boxes with labels removed.

Question 2

What are the inside indicator’s of clan labs?

Answer 2

• Laboratory glassware, equipment and documents.
• Containers with clear liquids in them with chalky coloured solid on the bottom or similar.
• Containers with two layered liquids I. Them one dark coloured layer and one clear pale yellow layer.
• Used coffee filters containing either whit pasty or reddish brown substance.
• Baking dishes or similar containing white crystalline substance.
• The presence if hot plates near chemicals.

Question 3

What is an unplanned entry of a clan lab?

Answer 3

This is when a clan lab is discovered during day to day duties, if an unplanned entry occurs Police should;
- immediately remove persons of interest from the premises.
- Isolate the site and maintain a safety perimeter.
- preserve the crime scene.
- notify their duty inspector or duty NCO, contact the NCLRT and where appropriate local fire service and ambulance.
- seek advice from NCLRT member or the fire service about decontamination procedures.
- occupants of the address and star who entered the address are to remain separated until decontamination issues have been addressed.
- seek medical advice if you experience any adverse effects.
The aim is to convert an unplanned entry to a planned response and investigation with appropriate structure and procedures.

Question 4

What are the safety considerations concerning clan labs?

Answer 4

• leave the area immediately, your safety is paramount.
• never touch, smell or taste any chemicals or equipment.
• do not attempt to stop chemical reaction, or turn any electrical devices off. The simple act of turning on electrical switch may cause an explosion.
• do not shut of water supply to the house or chemical reaction.
• do not smoke in or near the clan lab.
• do not use tools, radios, cellphones, torches or devices that produce sparks or friction.

Question 5

What symptoms may result in being exposed to chemicals?

Answer 5

• headaches
• nausea
• burning skin
• coughing or choking
• pain in diaphragm
• feeling of coldness or weakness
• shortness of breath and/or dizziness

Question 6

What is a planned entry of a clan lab

Answer 6

A planned entry is when you have suspected knowledge of a suspected clan lab ahead of time, which allows time to apply for a Search warrant and plan for the execution of that warrant. You must consult with NCLRT before the execution.

Question 7

What considerations should you consider under a planned entry of a clan lab?

Answer 7

• Whether it is an active or inactive laboratory.
• The number and nature if offenders or others present in the laboratory.
• The laboratory location.
• Proximity to persons or property.
• Type/size of laboratory.
• Firearms/weapons/booby traps

Question 8

What is the minimum level of PPE you for entry to a clan lab?

Answer 8

• Flame retardant overalls.
• Chemical and flame resistant overalls.
• Boots
• Fire resistant gloves.
• Balaclava
• Police SRBA vests
• APRs with air filters

Question 9

What immediate action should you take at clan lab in relation to CYP.

Answer 9

The O/C investigation will co-ordinate the:
- Immediate removal of child or young person from the immediate scene;
- Assigning an officer to look after and monitor the child or young person.
- Provision of age appropriate explanations to the child or young person about what is going to happen to them.
- Assessment by ambulance staff for injuries or illness.
- Request family attendance at scene.
- Give appropriate PPE together with child/up decontamination kit.
- Most appropriate decontamination.
- Photograph at scene.
- Recording physical condition
- Recording mental state.
- Consider securing clothing worn by CYP as exhibit.

Question 10

What follow up needs to be done by O/C investigation after initial entry?

Answer 10

• Together with Orange Tamariki give priority in locating any CYP absent at the time of police intervention.
• Ensure CYP exposed to lab lab checked by doctor within 24 hours of being located.
• Ensure it has and evidential hair or urine samples are taken.
• Refer Caesar’s where consent is an issue due to custodial status of CYP to legal section ASAP.
• Ensure samples collected from doctor are forwarded to ESR with appropriate documentation.
• The results from ESR are forwarded to doctor and family social worker ASAP.
• Liaise with CPT regarding a specialist interview.

Question 11

What act contains the emergency powers in relation to clan labs?

Answer 11

The hazardous substance and new organisms act 1996

Section 103 and SS 135 to 137

Question 12

What are the three processes or stages relating to clan labs?

Answer 12

• Extraction
• Conversion
• Syntheses

Question 13

What category offences are offences against MODA 1975

Answer 13

Category two or category three

Question 14

What drug offences are automatically prosecute by crown following plea?

Answer 14

• S6(1)(b) or 2A produce or manufacture or conspiracy to produce or manufacture.
• S10 Aiding offences against corresponding law of another country corresponding to S6, 9,12A or 12B
• S12C commission of offences outside NZ

Question 15

Which sections in MODA 1975 do not have a time limit for filing charges?

Answer 15

S6, S9 or S10 MODA 1975

Question 16

What are the time limits for any other offence against MODA 1975 other than the specified ones?

Answer 16

Any other offence agains the Act has a four year time limit for charging documents to be filed from the date the offence was committed.

Question 17

What can you do instead of calling an expert analysis of a drug exhibit?

Answer 17

Instead of calling the expert analysis I you can produce a certificate of their findings.

Question 18

When are certificates of drug exhibit analysis admissible evidence?

Answer 18

• you notify the defendant of your intention at least 7 days before the hearing, and give them a copy of the analyst’s certificate.
• the defendant does not request, at least three days before the hearing and in writing, that the analyst be called.
• the court does not request the oral evidence of the analyst.

Question 19

What is the special provision made to protect police officers who are working under cover?

Answer 19

The court decides the admissibility of their evidence, weighing up whether the officer merely presented an opportunity for an offence or whether they encouraged an offence that otherwise would not have been committed.

Question 20

What must you do as O/C case if you want make an instrument forfeiture order?

Answer 20

You must notify the prosecutor that they is property that is an instrument of crime so they can file a ‘prosecutor’s notice’ with the court advising that they should consider Maunu g an instrument forfeiture order. ie motor vehicle used to deliver drugs/ house used to manufacture meth

Question 21

How do you determine the category of the offence?

Answer 21

• Category three offence - punishable by imprisonment of 2 years or more, the defendant had the right to elect trial by jury
• Category two offence - punishable by imprisonment less than 2 years the defendant does not have the right to elect trial by jury.

Question 22

What section of the sentencing act is used to seize an instrument of crime?

Answer 22

Section 142B of the Sentencing Act 2002

Question 23

Who do you restrain something as an instrument of crime?

Answer 23

• an on notice application pursuant to ss 21 and 26 of the Criminal Proceeds (recovery) Act 2009
• this requires an affidavit from O/C outlining
- Your details
- Offenders
- Details and charges
- Criminal convictions
- Search warrant
- Admissions during interview
- Property

Question 24

What offences within MODA 1975 are category three offences?

Answer 24

•mporting/Exporting
•Producing/Manufacturing
•Supplies administers or offers to supply or administer.
•Selling or offers to Sell
• Possession for any of the above purposes.

Question 25

What offences under MODA 1975 are considered category two offences?

Answer 25

•possession and consuming a controlled drug.
• supplying, administering or offering to supply or administer a class C controlled drug.

Question 26

What are the two methods of delivering drug exhibit to ESR?

Answer 26

• in person to the analyst who is to issue the certificate or to a person authorised by the analyst to receive it.
• by registered post or by courier post with a signature required in a sealed package to an employee who has been authorised by the analyst in charge of the laboratory.

Question 27

What procedures must be followed for evidence in the certificate to be admissible?

Answer 27

• the chain of evidence is unbroken.
• material to be analysed is not tampered with or contaminated.
• the defence is aware of the analysis and the results and is given reasonable time to prepare a defence.

Question 28

In what ways can large scale dealing be substantiated?

Answer 28

• (i) admissions (ii) amount of equipment (iii) volumes of precursor materials found in the defendant’s possession
  (iv) evidence of chemical purchases
  (v) intercepted comms (vi) observations
  (vii) evidence including records of sales detailed extensive supply lists
  (viii) other evidence of large scale dealing
  (ix) expected evidence from a co offender.
  (xi) evidence suggesting continuing course

Question 29

What’s the other criteria that a drug offence may be a crown prosecution? (Class A)

Answer 29

• the quantity is more than 5 times the presumptive threshold.
• there is evidence of large scale dealing beyond the quantity seized.
• there is substantial evidence derived from a surveillance device including audio interception.

Question 30

As an undercover officer what law under MODA 1975 provides special protection to these officer?

Answer 30

• Section 34A
  (1) under cover officer means a member of the police who’s identity for the time is concealed for the purpose of an investigation.
  (2) no prosecution for an offence against this Act shall be commenced or continued against any member of the police committed by him during the period he was acting as an undercover officer.
  (3) a certificate signed but he commissioner of police to the effect that the member of police named in the certificate was acting for the purpose of subsection (2) be conclusive evidence of that fact.

Question 31

What is the criteria of large scale dealing for class B and class C controlled drugs

Answer 31

Class B
- quantity is 10 times the presumptive amount
- evidence of large scale dealing beyond the quantity seized.
- there is substantial evidence derived from a surveillance device involving audio interceptions
Class C
- evidence of large scale dealing beyond the quantity seized.
- there is substantial evidence derived from a surveillance device involving audio interceptions

Question 32

What are the categories of cannabis cultivation?

Answer 32

• Category 1 - small amour. If plant for personal use without sale to another occurring or intended.
• Category 2 - small scale cultivation of plants for commercial purposes.
• Category 3 - large scale commercial growing usually with considerable degree of sophistication and organisation.