Internal Search An Internal Concealment Flashcards
Legislation relation to internal searches is outlined is what acts?
Section 23 search and surveillance act 2012
Section 13A Misuse of Drugs Amendment Act 1978
Section 23 Search and Surveillance Act?
Internal search of person under arrest for offence against section 6,7 and 11 of the Misuse of Drugs Act 1975.
Notes : Must be by medical practitioner, can be physical or XRay.
6 - ALl drug offences
7 - Possession and use of controlled drugs
11 - Theft etc of controlled drugs
Section 13A of the Miseuse of Drugs Amendment Act?
Power to detain on belief of internal concealment
(1)
If any member of the Police or officer of Customs has reasonable cause to believe that any person has any Class A controlled drug or Class B controlled drug secreted within that person’s body for any unlawful purpose, the member of the Police or officer of Customs may cause that person to be detained under this section.
(2)
For the purposes of subsection (1) of this section, a person has any Class A controlled drug or Class B controlled drug secreted within that person’s body if—
(a)
The drug is within any of that person’s body cavities; or
(b)
That person has swallowed the drug in such a manner that it may