Drugs, Mental Health, Alcohol Flashcards
MDA 1975
Entry to Clandistine Lab?
Must not touch / handle / move / disconnect / deactivate / or operate anything.
-Notify Duty Inspector / NCLRT / Fire and Emmergency.
MDA 1975
First Schedule - Class A
First Schedule - Class A
- Methamphetamine / P / Ice
- LSD (lysergide)
- Mescaline
- Heroin
- Thalidomide
- Cocaine
- PCP
- Psilocybine ‘mushroom’
MDA 1975
Second Schedule - Class B
Second Schedule - Class B
- Morphine
- Opium
- Methadone
- Amphetamine
- Pethidine
- Cannabis oil
- Cannabis resin
- MDMA ‘ecstacy’
- MSTs
- GHB (Fantasy) and GBL
MDA 1975
Fourth Schedule - Class C
Psuedoephedrine / Ephedrine
MDA 1975
Presumption of possession for supply
Presumption of possession for supply
- MDMA 5g
- Methamphetamine 5g
- Cannabis plant 28g
MDA 1975
Misuse of Drugs Act 1975 Section 7 - Possession OR Use of Controlled Drug
MODA 1975 s.7 - Possession OR Use of Controlled Drug
- Procure OR - Possess OR - Consume OR - Smoke OR - Otherwise use
- Any controlled drug
MDA 1975
Misuse of Drugs Act 1975 Section 12 - Permits Use of Premises OR Permits Use of Vehicle
MODA 1975 s.12 - Permits Use of Premises OR Permits Use of Vehicle
- Knowingly permits
- Any premises OR - Any motor vehicle OR - Any other method of conveyance
- To be used for the purpose of the commission of an offence against the Misuse of Drugs Act 1975
MDA 1975
Misuse of Drugs Act 1975 Section 13 - Possession of Instruments?
MODA 1975 s.13 - Possession of Instruments
- Has in his possession
- Any pipe OR - Any utensil OR - Any syringe OR - Any needle
- For the purpose of the commission of an offence against the Misuse of Drugs Act 1975
MDA 1975
Third Schedule - Class C?
Third Schedule - Class C
- BZP
- Cannabis fruit
- Cannabis leaf
- Cannabis seed
- Coca leaf
- Codeine
MDA 1975
What is S.19
MDA 1975?
Search a person in relation to MDA 1975 offence search warrants
Three Conditions
1: A search warrant has been issued under S.6 MDA 1975 in respect of a drug offence.
2: The warrant is being executed by the Constable.
3: The person is found in or on the place or vehicle specified in the warrant.
MDA 1975
What is S.20
MDA 1975?
Warrantless Searches of places & vehicles in relation to MDA 1975 offences
MDA 1975
What is S.21
MSD 1975?
Warrantless searches of people found in or on places or vehicles.
MDA 1975
What is S.22
MSD 1975?
Warrantless powers to search for controlled drugs and percursor substances if offence suspected of against MDA 1975.
MDA 1975
What is S.23
MSD 1975?
Internal search of person under arrest for offences ss6 / S7 / S11 / MDA 1975
MDA 1975
Who can conduct an Internal Search?
Medical Practitioner under S.13 MDA 1975.
However the suspect must voluntarily consent to internal examination.
MDA 1975
What is S.24
MDA 1975?
Effect of not permitting internal search on bail application.
Expires 2 days after required to permit.
MDA 1975
What is S.81
MDA 1975?
Searches of persons / places / vehicles related to deliveries under:
S12 MDA 1975 & Amendment Act 1978.
MDA 1975
What is S.124
MDA 1975?
Search and Surveillance Act 2012, Internal searches generally prohibited.
MHA 1992 (CAT)
Interpretation of Mental Disorder?
Means:
Abnormal state of mind.
Characteries by
- Delusions.
- Mood / Perception
- Volition / Cognition
- Poses a serious danger to health and safety of a person or others.
- Seriously deminishes capability of that person to take care of himself / herself.
MHA 1992 (CAT)
What is Section 38
MHA 1992?
Assistance when person may need assistance.
- Arrange or assist mental health practitioner to examine with a view to issue certificate under S8B (4)(b). MHA 1992
- Once Certificate is issued under 8A.
- Arrange for an assessment examination under S9 MHA1992
MHA 1992 (CAT)
What is S41 MHA 1992?
Call for poice assistance.
- Must produce ID.
- Must with DAO and enter premises..
- No longer then 6 hours / Or / the time it takes to conduct the examination.
MHA 1992 (CAT)
What is S109 MHA 1992?
Police powers in relation to person appearing to be mentally disordered in a public place.
RGTB
- If a person found wondering at large in a public place.
- Take that person to an appropriate place.
- Arrange for a Mental Health Practitioner.
- Who must ASAP Issue a Certificate under S8B (4)(b). MHA 1992
- Make an application under S8A
MHA 1992 (CAT)
What is S110C MHA 1992?
Power of when urgent assistance required.
- May enter premises where person is.
- Must prioduce ID if not in uniform.
- Detain that person.
- Take person to proposed place DAO
MHA 1992 (CAT)
What is S122B MHA 1992?
Use of force.
Use such force as reasonably necessary.
MHA 1992 (CAT)
What are your power to
1: Use force / take / retake?
2: Detain?
3: Enter?
Force: S32(1), 38(4)(d), 40(2), 41(4),(5),(6), 50(4), 51(3), 53, 109(1),(4), 110C(2), 111(2), 113A.
Detain: S41(3), 41(4), 41(5), 109(4), 110C(2), 111(2), 113A.
Enter: S41(2), (4) or 110C(1).
MHA 1992 (CAT)
What is a mental disorder?
1: A person in a abnormal state of mind (Continuous or Intermittent).
2: Poses a serious danger to health and safety.
3: Or seriously diminishing the capacity of such persons to look after themselvers.
Does not include:
- Political / Religous / Cultural Beliefs.
- Sexual preference.
- Criminal behaviour.
- Substance abuse.
- Intellectual disability.
MHA 1992 (CAT)
What does CAT in the MHA 1992 stand for?
Compulsary Assessment and Treatment.
MHA 1992 (CAT)
What is 113A MHA 1992?
Approved warrant to enter.
Must sign and swear it.
MHA 1992 (CAT)
Arrest Provisions
MHA 1992 (CAT)?
1: S122A MHA 1992 (CAT)
2: S30 Crimes Act, Arrest without warrant.
3: S31 Crimes Act, Assist arrest.
Directive from DAO.
MHA 1992 (CAT)
Limitations of your powers and assistance?
Powers to enter and detain can only be used to assist DAO under S38(4)b or d or 40(2) MHA 1992.
- Check all paperwork.
- Copy of relevant Assessment Certificate.
MHA 1992 (CAT)
What is S122B MHA (CAT) 1992
Limitation to the use of power for emergency action to assist DAO only.
MHA 1992 (CAT)
If transporting a patient under S9 / S11 / S13 a DAO must?
Issue a Notice which states:
- Reason for assessment.
- Time and place for assessment.
- Whom will perform assessment.
A person cannot be moved or force used.
MHA 1992 (CAT)
Authority under S109?
- A person wandering at large.
- Reason to believe has mental disorder.
- You can apprehend under this section.
Preliminary Assessment Under S8 / 8A / 8B
SSAA 2012
What is (Harm caused) mean in S4 SSAA 2012?
Any crime, damage, death, disease, disorderly, illness, injury, caused directly or indirectly by excessive / inappropriate consumption of alcohol.
SSAA 2012
What is S266
SSAA 2012?
Closure of licensed premises by Police.
- If RGTB a Riot may occur.
- If fighting and serious disorder or believe.
- Significant threat to public.
- Substantial public nuisance.
- RGTB crimes are being committed with maximum penalty of 5 years or more.
SSAA 2012
What is S267
SSAA 2012?
Powers of entry on licensed premises.
Refuses or fails:
- Recieves a fine not more than $2000.
SSAA 2012
What is S269
SSAA 2012?
Powers of Police to demand information.
-Name
- Address
- DOB.
If refuses after being cuations may be arrest without warrant.
- Recieves a fine not more than $2000.
Local Government Act 2002
What is S169
LGA 2002?
Powers of arrest, search and seizure in relation to alcohol bans.
- Alcohol ban = Means a bylaw made under S147 LGA 2002.
- Offence = Breach of an alcohol ban.
- Restricted place = Means a public place in which the alcohol ban is in force.
Local Government Act 2002
What is S170
LGA 2002?
Conditions relating to the power of search.
Before exercising the power under S169 LGA 2002:
- Inform the person they have the opportunity to remove the container or vehicle from the public place.
- In relation to special dates a constable may immediately without further notice exercise the power to search.
- Notice given 14 days in advance, which is clearly labled by notices affixed in 1 or more places.
