Drugs, Mental Health & Alcohol Flashcards
Section 19 of the Misuse of Drugs Act allows you to search people in relation to a search warrant.
Explain when you may use it
A constable may search any person found in a place or vehicle for which a s/w has been issued under MODA
Only applies if that place/vehicle is specified in the warrant
What is section 20 of the search and surveillance Act?
Warrantless search of places/ vehicles in relation to MODA offenses
Constable may enter & search a place/vehicle if has reasonable grounds
a) to believe that it’s not practicable to obtain a warrant and in that place/vehicle is a controlled drug under MODA
b) to suspect that in that place/vehicle an offense against MODA is, has been or is about to be committed
c) to believe CADD if entry & search is not carried out immediately
What is section 21 of the search and surveillance Act?
Warrantless searches of people found in or on places/vehicles
A constable conducting a search of a place or vehicle under section 20 may without warrant search any person found in the vehicle or place
What is section 22 under the search and Surveillance Act?
Warrantless power to search for controlled drugs or precursor substances if offense suspected
1) A constable may in the circumstances set out in subsection (2) search a person without warrant
2) circumstances are reasonable grounds
a) to believe the person is in possession of a controlled drug described in MODA
b) to suspect an offense against MODA has been, will be or is being committed
3) this section does not
a) limit section 20 or 21
b) authorise a constable to enter or search a place or vehicle except in accordance to those sections
What is section 23 under the search and Surveillance Act?
Internal search of a person under arrest for offense against section 6, 7 or 11 of MODA
6- dealing
7- possession and use
11- theft etc of drugs
AND reasonable grounds to believe that the suspect has secreted in their body
- evidence
- possession of drugs
What constitutes an internal search of a person?
Examination by X-ray or similar
Manual or visual examination through any orifice with or without instrument or device
Who may conduct an internal search?
Must be conducted by a registered medical practitioner
Medical practitioner must not conduct an internal examination if they…
- Consider that doing so may be prejudicial tot he suspects health
- are satisfied that the suspect does not voluntarily consent
If a suspect does not permit an internal search, courts may…
- decline to consider the person’s bail application
- order that the suspect remain in police custody until either 2 days expire from when the internal search was required
or they permit the examination to be conducted
What is section 81 under the Misuse of Drugs Act?
Searches of persons, places and vehicles relating to deliveries
1) in the circumstances set out in subsection (2) a constable/customs officer may without warrant
a) search a person involved in a delivery under sec 12 of MODA
b) enter and search any place, craft or vehicle
c) seize anything believed to be described in paragraphs a-d of subsection (2)
2) the circumstances are that constable/customs officer believes the person or vehicle is in possession of
a) a controlled drug
b) a precursor substance
c) a package in relation to which the customs officer has replaced all or a portion of a controlled drug or precursor substance
d) evidential material in relation to the commission of an offense against MODA
*May only be exersized during the course of a delivery, not once delivered
Section 124 of the Search and Surveillance Act related to internal searches.
What does it limit you from doing?
1) unless authorized by another enactment, an officer must not conduct an internal search other than a mouth with consent
2) an officer must not require another person to conduct an internal search unless under sect 23 MODA
Under the Mental Health (Compulsory Assessment and Treatment) Act, what is a mental disorder?
Section2
An abnormal state of mind characterized by delusions, disorders of mood/perception/volition/cognition of such a degree that-
a) poses a serious danger to health and safety of that person or others
b) seriously diminishes the capacity if that person to take care of themselves
Section 38 of the Mental Health (Compulsory Assessment and Treatment) Act relates to assessments and DAO responsibilities.
Who can request a DAOs assistance?
If a certificate was issued under 8(4)(b) within what time frame, does it not need to be issued again?
Assistance when a person may need assessment
1) anyone who believes that a person may be suffering from a mental disorder may at any time request the assistance of a DAO
2) The DAO who receives the request must
a) investigate the matter to the extent necessary to satisfy themselves
i) that the concern expressed by the maker of the reques is genuine and
ii) that there are reasonable grounds for believing that the person to whom the request relates may be suffering from a mental disorder
b) decide whether the person needs a medical examination urgently
3) if the DAO decides the person needs a medical examination but not urgently, they must-
a) arrange or assist in arranging for a medical practitioner to examine the person with view of issuing a certificate under sect 8B(4)(b) &
b) once the certificate is issued assist eith application for assessment under section 8A
c) arrange for assessment under section 9
4) if DAO decides the person urgently needs a medical assessment they must-
a) try to get a medical practitioner to come to the person with view of issuing a certificate under sect 8B(4)(b) &
b) if a medical practitioner is available to come, take all reasonable steps to ensure person is examinable including calling for police assistance
c) if no medical practitioner available try to get person to go willingly and
d) if not willing take the person to the medical practitioner
e) once the certificate is issued under sect 8B(4)(b) assist in applying for assessment under 8A
f) arrange for assessment under section 9
5) if a certificate under sect 8B(4)(b) has been issued within 72 hours the DAO does not need to reapply
6) if a certificate under sect 8B(4)(b) has been issued less than 72 hours prior ot the medical practitioner assessing the person, they don’t need to issue another one
Section 41 of the Mental Health (Compulsory Assessment and Treatment) Act outlines what police may and must do when assisting a DAO.
How long may you detain?
What must you produce of not in uniform?
When may you not enter the place?
Police assistance
1) a DAO may call for assistance from a constable
2) a constable assisting a DAO
a) may enter premises where the patient is
b) must produce evidence of occupation if not in uniform
3) a constable entering the premises may detain the patient where they are for the shorter of
a) 6 hours
b) the time it takes to conduct a medical examination
4) a constable entering premises may
a) take the person to a place for medical assessment
b) detain at that place for shorter than 6 hours or the time it takes for medical examination
5) a constable who enters may
a) take a patient to a place that they are required to attend
b) detain the patient for shorter than 6 hours or the time it takes for a medical assessment
6) a constable who enters may take the patient to hospital
7) must not enter premises without warrant if it would have been reasonably practicable to obtain a warrant
What is section 109 under the Mental Health (Compulsory Assessment and Treatment) Act?
Police may apprehend a person appearing mentally disordered in a public place.
1) if a person if found wandering at large in a public place acting in a way that give reasonable belief that they are mentally disordered a constable may
a) take that person to a police station, hospital, surgery, or other place &
b) arrange for medical practitioner to examine them
2) if once examined the medical practitioner does not belive they are mentally disordered, they must be released forthwith
3) 3A applies when once examined the medical practitioner
a) has reasonable grounds to belive the person is mentally disordered
b) an urgent assessment is required
3A) the medical practitioner must ASAP issue a certificate under 8B and make an application under 8A
4) subject to section 5, if 3 applies, a constable may
a) continue to detain patient at the place
b) take the patient to another place for assessment
5)detention under this section may last no longer than 6 hours or the time it takes to conduct the examination, whichever is shorter
When a person is in need of medical examination under the Mental Health act, is the preferred method to
a) take the patient to the doctor
b) have the doctor come to the patient’s home
B- have the doctor attend the patient’s home.
Only if this cannot be done should thr DAO take the patient to another place
Under section 41(7) of the Mental Health Act (entering property) what must you not do?
Exercise your powers to enter without warrant if it would have been reasonably practivable to obtain a warrant
Who can apply for a warrant under the Mental Health Act?
A constable
The director of area mental health services
It has been agreed between police and the Ministry of Health that a warrant may be completed by either police or the DAO. A police constable must sign and swear it
If assisting a DAO and not in uniform, what must a police constable do?
Produce to the occupier your badge or any other evidence that you are a police constable
Section 30 of the Crimes Act does what when exersizing your power to detain?
Protects you from criminal responsibility if you arrest the wrong person in good faith and you on reasonable/probable grounds believed the the person to be the one named in the warrant
