Senior Sergeants CPK: Chapter 3 - Drugs, Alcohol & Mental Health

Question 1

S20 Warrantless search of places, vehicles in relations to MODA75 - Describe 3 grounds for a Warrantless search?

Answer 1

• 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.

Question 2

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?

Answer 2

Police can search a person found in or on the place or vehicle without a warrant.

Question 3

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?

Answer 3

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

Question 4

S124 Internal search generally prohibited. Define what constitutes an internal search?

Answer 4

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.

Question 5

S124 Internal search generally prohibited. Define what is not an internal search?

Answer 5

A visual examination of mouth, nose and ears but must NOT insert instrument, device or thing into those orifices.

Question 6

S124 Internal search generally prohibited. Who may conduct an internal Search?

Answer 6

Registered medical practitioner

Question 7

S2 Interpretation hazardous substance. Describe 4 qualities of a hazardous substance?

Answer 7

Explosiveness
Flammability
A capacity to oxidise
Corrosiveness
Toxicity
Eco-toxicity

Question 8

S136 Declaration of emergency. Describe who may declare a civil emergency and what are the Acts that give them the power to do so?

Answer 8

Any Enforcement officer (constable and any Chief Fire Officer).

Question 9

S135 Interpretation of Emergency means? (2)

Answer 9

• 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.

Question 10

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?

Answer 10

Up to 24 hours

Question 11

S237 Irresponsible promotion of alcohol. Describe 4 examples of the irresponsible promotion of alcohol that would warrant Police action?

Answer 11

• 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.

Question 12

S237 Irresponsible promotion of alcohol. Describe two penalties for an offences against S237 Sale & Supply of Alcohol Act 2012?

Answer 12

• Fine 10,000

- Suspension of licensee license not more that 7 days.

Question 13

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)

Answer 13

• 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.

Question 14

S265 Closure of premises by order. What are the penalties for licensed premises who do not comply with the closure order under S265? (3)

Answer 14

• Fine $10000
• Suspension Licensee License 7 days
• Manager $10000 fine.

Question 15

S267 Power of entry on licensed premises. Describe the powers of entry that allows a constable or an inspector to enter any licensed premises?

Answer 15

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.

Question 16

S269 Power of Police to demand information. What grounds may Police demand identifying particulars?

Answer 16

When Police have reasonable grounds to suspect any person has committed or attempted to committee any offences against this Act

Question 17

S38 Assistance to DAO when person may need assessment. Describe the DAO responsibilities

Answer 17

• Investigate the matter to satisfy himself that:
• ** concerns are genuine and
• ** Reasonable grounds for believing that the person may be suffering from a mental disorder.
• Decide if person needs to be medically examine URGENTLY in persons own interest.

Question 18

S41 Police Assistance. Can a Police officer pick up a 1M from a private residence and take them to the Police station for an assessment by the DAO later?

Answer 18

No authority to enter unless asked by DAO.
if they have authority they may:
Enter premises where 1M is and
Must produce person in actual occupation of the premises his badge or evidence he is a constable.

Question 19

S41 Police Assistance. Police who enters premises to detain the 1M for the purpose of a medical examination can detain for how long?

Answer 19

6 hours and time it takes to conduct the medical examination.

Question 20

S109 Person appears 1M in a public place what powers do Police have under S109.

Answer 20

Take person to Police Station, hospital or surgery or to some other appropriate place and arrange a medical practitioner er to examine the person ASAP.

Question 21

S109 Person appears 1M in a public place, if person is detained what is the maximum number of hours they can be held for?

Answer 21

6 hours.

Question 22

S110 Police may assist the Medical Practitioner to Urgently assess a 1M what is the first thing that needs to happen before Police can Act?

Answer 22

(1) Enter premises show ID that you are Police

(2) Detain 1M and take 1M to place nominated by Medical practitioner .

Question 23

S122B Use of Force, what conditions are required for you to use force?

Answer 23

• Power to take or retake a person 1M
• Power to detain 1M
• Power to enter premises to get 1M

Question 24

S122B Use of Force, what 2 follow up actions are required?

Answer 24

Record circumstances of use of force ASAP

Copy of the record MUST be given to Director of Area Mental Health Service ASAP.

Question 25

S109 1M in public place, describe 3 steps that are recommended if you pick up a 1M person?

Answer 25

1- Check 1M status (QP)
2- Call local hospital ask for info on 1M
3- Ask hospital to make enquires if 1M is on leave or not.