Senior Sergeants CPK: Chapter 3 - Drugs, Alcohol & Mental Health Flashcards
S20 Warrantless search of places, vehicles in relations to MODA75 - Describe 3 grounds for a Warrantless search?
- Believe that it’s not practical to obtain a warrant and that in or on the place or vehicle there is drugs.
- Suspect that in or on the place or vehicle an offences against MODA75 has been committed, or being committed or is about to be committed.
- Believe that if the entry and search is not carried out immediately evidential material relating to suspected offences will be CADD.
S21 Warrantless search of people found in or on places or vehicle. What power does S21 of the S & S 2012 give a Police Officer in relation to S20?
Police can search a person found in or on the place or vehicle without a warrant.
S22 Warrantless power to search for drugs if offence suspected against MODA75. Under S22 if Police have reasonable grounds to believe that a person is in possession of a specified controlled drug, what schedules of the MODA can be applied?
To believe that the person is in possession of:
- controlled drug specified or described in Schedule 1, Part 1 of Schedule 2, Part 1 of Schedule 3 of MODA75 or
- a precursor substance specified or described in Part 3 of Schedule 4 of MODA75
S124 Internal search generally prohibited. Define what constitutes an internal search?
Enforcement officer must NOT conduct an internal search, of any part of the body of any person EXCEPT for with the person’s consent to search the person’s mouth, or except as provided in S23 which relates to internal searches of people K9 for offences against MODA75.
S124 Internal search generally prohibited. Define what is not an internal search?
A visual examination of mouth, nose and ears but must NOT insert instrument, device or thing into those orifices.
S124 Internal search generally prohibited. Who may conduct an internal Search?
Registered medical practitioner
S2 Interpretation hazardous substance. Describe 4 qualities of a hazardous substance?
Explosiveness Flammability A capacity to oxidise Corrosiveness Toxicity Eco-toxicity
S136 Declaration of emergency. Describe who may declare a civil emergency and what are the Acts that give them the power to do so?
Any Enforcement officer (constable and any Chief Fire Officer).
S135 Interpretation of Emergency means? (2)
- Actual or imminent danger to human health or safety
or
-A danger to the environment or chattels so significant that immediate action is required to remove the danger.
S137 - Emergency powers gives an enforcement officer the powers to Enter premises, exercise powers, request person to leave premises, or refrain from entering etc, how long can they secure the site for?
Up to 24 hours
S237 Irresponsible promotion of alcohol. Describe 4 examples of the irresponsible promotion of alcohol that would warrant Police action?
- Encourage people to consume excessive amounts of alcohol.
- promotes or advertises or holds or has licensed premises discounts on alcohol likely to lead people to believe that price is 25% below original price.
- promotes or advertise alcohol that is free.
S237 Irresponsible promotion of alcohol. Describe two penalties for an offences against S237 Sale & Supply of Alcohol Act 2012?
- Fine 10,000
- Suspension of licensee license not more that 7 days.
S265 Closure of premises by order. On what grounds may a constable request a District Court Judge, 2 Justices or 1 Community Magistrate to close a premises? (6)
- If a riot occurs, or reasonable grounds to believe a riot may occur in any place or
- fighting or serious disorder or
- significant threat to public health or safety or
- conduct amounting to a substantial public nuisance
- or offences have been committed that carry a maximum 5 years or more or
- significant risk of further offences if premises remains open.
S265 Closure of premises by order. What are the penalties for licensed premises who do not comply with the closure order under S265? (3)
- Fine $10000
- Suspension Licensee License 7 days
- Manager $10000 fine.
S267 Power of entry on licensed premises. Describe the powers of entry that allows a constable or an inspector to enter any licensed premises?
Police may at any reasonable time enter and inspect any licensed premises to ascertain whether the licensee is complying with the previsions of the Act and conditions of the license.