Drugs, Mental Health & Alcohol

Question 1

Describe 3 grounds for a warrantless search-section 20 SASA 2012?

Answer 1

Impractical to get a warrant, RGB Illegal drugs and offences against MODA, RGS offence, RGB EM will be CADD.

Question 2

What does section 21 SASA 2012 give police the power to do?

Answer 2

Warrantless search of a person and MAY be searched who was in a place or vehicle.

Question 3

What is section 22 SASA 2012 refer to?

Answer 3

If a constable has RGB that a person is in possession of a specified controlled drug of scheduled in the 1st, 2nd and third of the act.

Question 4

What constitues an internal search?

Answer 4

Is an internal examination of a persons body using an x ray or similar device or the oral examination of a body orifice wheather with or without a device and must not insert any instrument

Question 5

What is not an internal search?

Answer 5

Visual inspection of the mouth, ears, nose. A medical examiner may conduct an internal search under the direction of a constable.

Question 6

What was found in R v Hoete?

Answer 6

Police had grounds to conduct a warrantless search and a search located a memory stick which led them to a P Lab and the defendant argued the the evidence was improperly obtained. The probative value of the evidence outweighed the improprierty of the improperly obtained evidence and the search was reasonable.

Question 7

On what grounds was evidence admissable in R v Merret?

Answer 7

Exclusion of evidence would be disproportinate to breach of rights involved, appeal dismissed. This involved a search without warrant and M was charged with Manufacturing Meth.

Question 8

What was found in Hill v Attorney General

Answer 8

First is Police must believe it is a drug, secondly the drugs must be on the schedule, this case relates to H having his taxt searched and the Sgt did not know what the drug was.

Question 9

Collins v Police refers to what appeal?

Answer 9

Collins was searched by two constables on the grounds of observation and demenour, the court held that while this is strong suspicion, it does not amount to belief.

Question 10

What was held in R v T?

Answer 10

The court ruled no internal search was conducted and ruled the search lawful. A demand to spiT the drugs out did not amount to an internal search pursuant to section 124 SASA 2012.

Question 11

What was held in R v Roulston?

Answer 11

R removed drugs from his underwear and placed into his mouth, police held his nostril and head back and the drugs were ejected onto the floor. This did not amount to an internal search and staff were justified s41 CA 1961 to prevent 1X.

Question 12

Sneller v Police was appealed successfully on what grounds?

Answer 12

A constable can search a persons mouth with consent of that person pursuant to s124 SASA 2012. The search in this case became unlawful when staff sprayed the defendant and tried to pry open his mouth.

Question 13

Describe 4 qualities of a hazardous substance

Answer 13

1. Explosive
2. Flammable
3. Oxidies
4. Corrosive
5. Toxic
6. Eco toxic

Question 14

Who can declare a civil emergency and what are the acts that give them powers to do so?

Answer 14

A constable, Fire Chief Officer or acting Fire Chief Officer. Section 136 HAZNO Act gives power to declare, section 137 allows RED DUST (remove, enter, demand, destroy, use, secure, twenty four hours…

Question 15

Describe four examples of irresponsible promotion of alcohol that would warrant police action

Answer 15

1. Promoting inappropriate consumption of alcohol
2. Advertising heard or seen 25% discount promo
3. Giving away for free
4. Giving away for exchange of entering comp
5. Advertising for minors

PAGGA

Question 16

Describe penalties for for an offence against 237

Answer 16

10-7

$10,000, 7 days licence suspension

Question 17

What grounds must exist if a constable wishes to close a premesis with authorty from a DCJ?

Answer 17

RGB Riot has/is/will occur

Question 18

What is the timeframe a premises can be closed by order?

Answer 18

24 hours

Question 19

What is the penalty if an order exists for a premises under section 265?

Answer 19

$10,000, 7 days suspension, $3,000 if alcohol is sold.

Question 20

What circumstances apply when closing a licensed premises by police?

Answer 20

Riot taking place, RGB if a riot will take place, serious disorder or fighting, threat to public safety, nuisance, offences 5 year + imprisonment

Question 21

What are police powers of entry of licensed premises?

Answer 21

May enter when RGB an offence has been committed and inspect, $2,000 who refuses entry.

Question 22

What are police powers to demand information?

Answer 22

RGS any person has committed an offence or attempting against this act may require a person to provide details, name, address, and dob…penalty $2,000

Question 23

What does section 38 MHA 1992 refer to?

Answer 23

Anyone who believes that a person maybe suffering mental disorder may at anytime request the assistance of a DAO.

DAO must asses the information, if RGB they are 1M they MUST:
Decide if assessment is needed urgently or can be delayed. IF urgent, DAO request police to assist in transporting to Dr or to protect Dr DAO while assessment takes place.

Question 24

What does section 39 MHA 1992 refer to?

Answer 24

Outpatients and inpatients on leave.

Question 25

Section 41 refers to assisting DAO’s, what are the key points relating to assisting them?

Answer 25

DAO MUST be present, police may enter and MUST produce identification if not in uniform. Police can detail for 6 hours and the time it takes to complete medical examination.

Question 26

What are police powers to enter a premises regarding mental health?

Answer 26

Section 14 SASA 2012, section 41 MHA 1992 (if requested), 110C MHA (if power exists), S8 SASA 2012, s7 SASA 2012, force 122B and 41 CA 1961 prevent 1X.

Question 27

What is a mental disorder?

Answer 27

Means an abnormal state of mind, characterised by disorders of mood, perception or volition or cognition that they pose a serious danger to H & S of that person or himself…

Question 28

What is the first thing police need to establish before they can act in relation to section 110(2) urgently assisting a medical practitioner?

Answer 28

1. Estbalish urgency, force cannot be used if not urgent, force can be used reasonably necessary when this is established.

Police can ENTER, DETAIN and TAKE to a place nominated. MUST not last longer than 6 hours.

Question 29

What follow up action are required if force was used pursuant to section 122B MHA 1992?

Answer 29

1. Circumstances recorded soon as possible.

2. A copy of the record MUST be given to Director of Area Mental Health Services asap.

Question 30

What are police powers after a medical practitioner has requested police assistance?

Answer 30

Enter by force
ID self
Detain 1M
Remove 1M

Question 31

Describe what police can do to assist the medical practitioner?

Answer 31

Take 1M to place for an assessment
Retake back to residence
Detain at that place for assessment
Assist/Restrain to be sedated