Drugs, mental health, alcohol Flashcards
What is and isn’t an internal search?
Is - search of any part of person’s body by means of x-ray or sim device or manual or visual examination (with or without device) through any orifice
Is not - const, AO, searcher looking into ear, mouth nose (with or without device) BUT must not insert device inside.
(permitted as part of rub-down search)
Grounds for conducting an internal search…
Arrested for dealing/possession/theft of controlled drugs and RGTB suspect has secreted internally any prop:
- may be evidence of offence charged with or
- possession of which constitutes offence for dealing/possession/theft
Internal searches
Who conducts it?
Do you need consent for internal search?
Can force be used?
Reg medical practitioner
Yes. GP must not do so if no consent or risk to health
Not for search but may do so for safety/to prevent swallowing of evidence
Effects of suspect not permitting internal search…
If fails to permit and court satisfied request made properly…..may decline bail and require def to remain in Police custody until earlier of:
- expiry of 2 days since request
- they permit internal examination
Powers when assisting DAO (Sec 41)?
Sec 41.
Const may enter prem and produce ID if not in uniform.
Detain for time it takes/up to 6 hours.
May take person to another location.
Can take back to hospital.
Must not do so if warrant able to be obtained. (unless reasonably prac)
Definition of mental disorder…(key words)
….poses a serious danger…and seriously diminished capacity…to look after themselves
Under what sections can you assist DAO?
38(4)(b) - enable Med prac to examine patient (then 41 kicks in)
38(4)(d) - Person must go to Med Prac but is unwilling
40(2) - Return patients/proposed patients to place of assessment/treatment
Pref is to have them assessed in own home.
What S and S power can you enter private property for MH issues?
Sec 7 - unlawfully at large if patient is subject to inpatient order and is absent without leave. (or 8 if offence, or 14 if risk to life/property, or 18 if firearms and MH issues)
Aims of Sale and Supply of liquor Act 2012 (2)
Sale, supply and consumption should be undertaken safely and responsibly AND
Harm caused by excess or inapp consumption should be minimised
Powers under 267 of Act (entering lic prem)
Const or inspector may at any reasonable time enter and inspect any lic prem to ascertain if licensee is abiding by conditions
Const/inspector may at any time inspect lic prem is he/she has RGTB that any offence against Act is being committed
(Reas time for general checks, any time for offence)
When may Police close lic prem (5)?
Riot occurring or RGFB it will
Fighting or serious disorder, or RGFB it will
Sig threat to public health or safety
If conduct on prem amounts to sub public nuisance
RGFB offences carrying 5 years imprison have been committed or sig risk they will be if remains open
Things to take into account when closing lic prem, and how long for
Weight of evidence supporting closure
Any prev actions with Police
Likelihood of escalating violence
Duration of closure
When order likely to be restored, closure sufficient to address public nuisance concerns, impact on licensee.
When can you search a vehicle for alcohol?
When in or entering a restricted place.
Before doing so you MUST let person know they have the opportunity to remove container or vehicle from pp and provide person reasonable opportunity to do so.
Except on specific dates/locations where notices have been affixed etc - 14 days in advance
