Mental Health, Sexual Assaults and Drugs (2) Flashcards
How long can someone be detained for, for purposes of a medical examination or assessment examination?
six hours
Can a restricted or special patient be apprehended and returned to a hospital if absconded or AWOL?
Yes, at any time
How long do you have to apprehend and return a Compulsory Treatment Patient to hospital, if AWOL or absconded?
Three months, then a new order/application for compulsory treatment must be completed
Defence to an indecent charge
the defendant must prove that they had RGTB that they would not be observed
What seven key behaviours should you display when dealing with sexual assault victims
CALM TEA
Conduct your dealings in a sensitive and concerned manner
Accept they are telling the truth until there is evidence to prove the contrary
Listen to what they tell you, giving them an opportunity to tell their account in their words, even to just vent their feelings
Medical Attention
Treat them courteously
Explain the process you are following and why you need to follow that process
Advise of local counselling services where relevant
Suitable meaning of “consent” for sexual acts
Conscious and voluntary agreement
definition of obscenely
Offensive - a person would regard the act as disgusting, revolting or loathing
definition of “indecent act”
“not conforming with generally accepted
standards of behaviour, especially in relation to sexual matters”..
CA Section 125
Indecent act in a public place
Wilfully does
Any indecent act
In any place to which the public have or are permitted to have access
OR
Within view of any such place
CA Section 126
Indecent act with intent to insult or offend
With intent to insult or offend any person
Does any indecent act
In any place
CA Section 128 (1)(a)
Sexual violation by rape
CA Section 128 (1)(b)
Any person having unlawful sexual connection with another person
CA Section 128A
Allowing sexual activity does not amount to consent in some circumstances
CA Section 132 (3)
Indecent act on a child under 12
CA Section 134 (3)
Indecent act on a young person under 16
CA Section 135
Indecently assaults
Another person
CA Section 216H
Offence for everyone who intentionally or recklessly makes an intimate visual recording of another person
MHA Section 4
No discrimination
No compulsory treatment or assessment shall be ordered in respect of any person by reason only of:
That persons political, religious, cultural belief
Sexual preferences
Criminal or delinquent behaviour
Substance abuse, or
Intellectual disability
MHA Section 38
Assistance when person may need assessment
MHA Section 41
Police assistance of a DAO
Any member of police called upon in such circumstances may
Enter the premises by force if necessary
AND
detain the person in those premises until the assessment examination has been conducted
OR
Take the person to some other place nominated by the DAO for the purposes of a medical examination or an assessment examination and detain at the location until the examination has been conducted
MHA Section 109
Police powers in relation to person appearing to be mentally disordered in public place
Any members of police may apprehend
Any person wandering at large in a public place
AND
Behaving in a manner that gives rise to a reasonable belief that he/she may be mentally disordered
AND
The member believes it is the interest of the person or public to do so
MHA Section 110
Authority of doctor
Can issue a certificate to accompany a request for an assessment to be completed if they believe a person is mentally disordered.
MHA Section 110A
Use of sedatives
Doctor may administer a sedative to the proposed patient If they consider it necessary
MHA Section 110C
Police powers when urgent assistance is needed by a MEDICAL PRACTITIONER
Any member of police called upon in such circumstances may
Enter the premises by force if necessary
AND
Detain the person in those premises until the assessment examination has been conducted
OR
Take the person to some other place nominated by the medical practitioner, for the purposes of a medical examination or an assessment examination, and detain the location until the examination has been completed
MHA Section 122B
Use of Force
Power to take or retake a person, proposed patient or patient
A power to detain a person, proposed patient or patient in sections 41, 109, or 110
A power to enter premises in section 41 or 110
Drugs Act 1975 Section 7?
Possession OR use of controlled drugs Procure OR Possess OR Consume OR Smoke OR Otherwise use Any controlled drug
What you need to prove a prima facie case for the possession/use of drugs
Possession
Knowledge of what the product was
Usable quantity
defence against the charge of “possession of a needle”
if proven that the needle was obtained from an authorised outlet
What are the common “First Schedule, Class A” drugs?
methamphetamine (P) or (Ice) LSD (Lysergide) MEscaline HEroin Thalidomide Cocaine PCP Psilocybine "mushroom"
What are the common “Second Schedule, Class B” drugs?
PART ONE: Morphine Opium Amphetamine Cannabis resin Cannabis oil MDMA (Ecstasy) MST's GHB (Fantasy) and GBL
PART THREE:
Pethidine
Methadone
What are the common “Third Schedule, Class C” drugs?
PART ONE: BZP Cannabis fruit Cannabis leaf Cannabis seeds Coca Leaf
PART TWO:
Codeine
What are the common “Fourth Schedule, Class C” drugs?
PART THREE:
Pseudoephedrine
Ephedrine
MODA 1975 Section 9?
Cultivation of prohibited plants
Cultivates
A prohibited plant
MODA 1975 Section 12?
Permits use of premises OR permits use of vehicle
Knowingly permits Any premises OR Motor vehicle OR Other mode of conveyance To be used for the purpose of the commission of an offence against the misuse of drugs Act 1975
MODA 1975 Section 12A?
Possession of equipment, material, substances
Has in his possession
Any equipment or material capable of being used in or for, producing or manufacturing a controlled drug or in the cultivation of a prohibited plant
OR
Any precursor substance
With intent to use it for producing/manufacturing/cultivating a controlled drug
MODA 1975 Section 13 (1)(a)?
Possession of instruments
Has in his possession Any pipe Or Any utensil For the purpose of the commission of an offence against the misuse of drugs act 1975
MODA 1975 Section 13 (1)(aa)?
Possession of instruments
Has in his possession Any syringe Or Any needle For the purpose of the commission of an offence against the misuses of drugs act 1975
What is the definition of “Mental Disorder”?
any person with an abnormal state of mind (whether continuous or intermittent nature) characterised by delusions or disorders of mood, perception, volition or cognition of such a degree that it:
- poses a serious danger to the health OR saftey of that person OR others
- seriously diminishes the capacity of that person to take care of themself
What is the definition of “Restricted patients”?
subject to a compulsory treatment order but considered to present danger to the public
What is the definition of a “Special Patient”?
detained by way of court order if found to be criminally insane OR unfit to plead. Also includes those on remand for psychiatric report
Is a restricted AWOL patient considered unlawfully at large??
Yes
What are the indicated amounts/quantity for a “possession for supply” charge of heroin/cocaine?
0.5g
What are the indicated amounts/quantity for a “possession for supply” charge of cannabis cigarettes?
100
What are the indicated amounts/quantity for a “possession for supply” charge of meth/morphine/MDMA?
5g
What are the indicated amounts/quantity for a “possession for supply” charge of cannabis plant material?
28g
S & S 2012 S. 20?
a warrantless search of places and vehicles for drugs (RGTB) to prevent CADD
S & S 2012 S 21?
Can search anyone in the place or vehicle of section 20 for drugs
S & S 2012 S 22?
a warrantless search of people for drugs with RGTB
