3. Drugs, Mental Health, Alcohol

Question 1

Entry to a Clandestine Laboratory

Answer 1

Unplanned entry- do not touch, move, handle, disconnect, deactivate or operate anything.

Question 2

Approval for drug related searches - SASA 2012

Answer 2

Unless impractical in the circumstances, obtain permission from sergeant or above to execute warrantless drug search.

Question 3

s19. SASA 2012

Answer 3

WARRANT - Search of persons in relation to misuse of drugs ac 1975 offence search warrants.

Question 4

s20. SASA 2012

Answer 4

Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
Does not authorise entry to search place or vehicle

Question 5

s23. SASA 2012

Answer 5

Internal search of person under arrest for offence against s6,7 or 11 Misuse Drugs Act
-xray or orifice search
-Does not include visual of nose, mouth or ears by custody search

Question 6

Circumstances requiring internal search

Answer 6

6.Dealing with controlled drugs
7. Posession and use of controlled drugs
11, theft etc of controlled drug
AND
Constable has reasonable grounds to believe person has secreted within their body

Question 7

Internal search

Answer 7

MUST be conducted by a medical practitioner
Suspect MUST consent

Question 8

s24. SASA 2012

Answer 8

If person refuses internal search, the court can decline their bail application and order them to stay in custody for 2 days or until they permit the exam.

Question 9

s81. SASA 2012

Answer 9

Searches of persons, places and vehicles relating to deliveries under 12 Misuse of Drugs Act Amendment 1978
Only during the course of delivery and not once delivered

Question 10

s124. SASA 2012

Answer 10

Internal searches are generally prohibited unless constable authorised under another enactment

Question 11

Law Note
Hill v Attorney General 1990

Answer 11

Comment - s20 SASA
Section is specific for drugs in the First Schedule
Reasonable ground for belief is two steps- Belief that the drug is in the house, vehicle etc AND
Belief the drug involved is the one specified in the circumstances

Question 12

Law Note
Collins v Police 2007

Answer 12

56 Search, demeanour, appearance and ‘reasonable grounds to believe’
Although demeanour and appearance are reasonable grounds to suspect they have recently consumed drugs, it is not grounds to believe there are drugs in the vehicle or place.

Question 13

Law Note
R v T 1996

Answer 13

Internal Search
As the appellant had the package in her mouth of which could be seen when talking, this did not amount to an internal search.

Question 14

R v Roulston 1998

Answer 14

Internal Search -
Did not amount to an internal search as the mouth is not treated in the same regard as other orifices. The officers were primarily concerned for the welfare of which was under risk if the drugs were ingested. Appeal was dismissed

Question 15

Sneller v Police 2007

Answer 15

Internal Search s124 -
Forcing the mouth open constitutes an internal search. S was within his right to refuse an internal search

Question 16

s2. Mental Health Act 1992

Answer 16

Interpretation:
- Mental disorder in relation to any person means an abnormal state of mind, characterised by delusions, or by disorders of mood or perception or violation or cognition.

Question 17

s38. Mental Health Act 1992

Answer 17

Assistance when person may need assessment.
- Anyone who believes someone is suffering from a mental disorder they may request assistance from a Duly Authorised Officer.
If DAO deems examination is required they:
-Issue a certificate under s8B(4)(b)
-Apply s8A for assessment of the person
-Arrange for assessment to be conducted under s9.
Can ask for Police assistance under section 41 if that person refuses treatment/assessment

Question 18

s41. Mental Health Act 1992

Answer 18

DAO may call assistance from a constable who:
-May enter the premises, with a warrant unless impractical to obtain warrant, if not in uniform, must present i.d.
-May detain the person for up to 6 hours in that place, or take them to another place for a period of 6 hours or however long it takes for the assessment to take place.

Question 19

s109. Mental Health Act 1992

Answer 19

Police powers in relation to person appearing to be mentally disordered in public place.
Public interest or interest of the person may detain and take the person to some appropriate place and arrange for medical practitioner to assess the person.

Question 20

s110c. Mental Health Act 1992

Answer 20

Powers of Police when urgent assistance required.
Assistance called by mental health practitioner, the constable may;
-Enter, detain or take that person to a place directed by the Medical Practitioner.
-detain for 6 hours, until assessment is complete, or until sedative is administered.

Question 21

122b. Mental Health Act 1992

Answer 21

Use of Force;
Force reasonably necessary for detention, and transport

Question 22

Tangata Whaiora

Answer 22

Person seeking help

Question 23

Memorandum of Understanding

Answer 23

The New Zealand Police and the Ministry of Health have a memorandum of understanding (MOU) governing the practical implication of the Mental Health CAT Act 1992.

Question 24

Key words of Mental Disorder

Answer 24

‘poses a serious danger’ and ‘seriously diminished capacity to look after themselves’

Question 25

s41. Mental Health Act 1992

Answer 25

Powers to assist DAO

Question 26

s41. Warrant required

Answer 26

You must not exercise your power to enter a premises without a warrant if it would be reasonably practicable to obtain one. Two warrants - A warrant to take the patient whcih is obtained by the Director of Area Mental Health Services -A warrant to enter the premises which must be obtained by a constable. s113A Warrant to Enter form found on MH Act Forms-Ministry of Health NZ

Question 27

122A. Mental Health Act 1992

Answer 27

Powers to detain to be treated like an arrest power with the below modifications: s30. Crimes Act protects you from criminal responsibility if you arrest the wrong person with good faith and on reasonable and probably grounds believed the person to be the person named in the warrant s31 confers all statutory powers of arrest without warrant on all constables a34. confers the power to assist a constable in an arrest on anyone asked to do so

Question 28

s122B. Mental Health Act 1992

Answer 28

If you are acting in an emergency assisting a DAO you can use such force as is reasonably necessary in the circumstances: -DAO gives you clear instructions to do so -the patient would be likely to suffer harm, or cause harm to other people or damage property if force is not applied

Question 29

ss38 and 40 - When to assist DAO

Answer 29

Power of entry and detainment can only be used when the DAO is acting under these sections

Question 30

s109. Mental Health Act 1992

Answer 30

Mentally disordered person wandering at large. - Must be in public place -Detain and give BOR -Contact a medical practitioner

Question 31

Mentally Disordered Person on Private Property

Answer 31

Police have no powers under the mental health act to enter private property unless directed by a DAO or by the following SASA 2012 sections; s8, s7, s3, s14, s18 and s41 of the Crimes Act

Question 32

s8 Search and Surveillance Act

Answer 32

If you suspect a person has committed an offence that is punishable by imprisonment you can enter that private property if you believe the person will leave to avoid arrest or CADD

Question 33

s7. Search and Surveillance Act 2012

Answer 33

Entry to arrest if person unlawfully at large and have rgtb that person is there

Question 34

s3 Search and Surveillance Act 2012

Answer 34

Defines a person at large to include a special patient/restricted patient who has escaped or failed to return from leave. Does not apply to a person subject to an inpatient orders

Question 35

s14 Search and Surveillance Act 2012

Answer 35

Entry if you suspect there is risk to life or safety that requires an emergency response. If you believe emergency entry will stop an offence being committed that might injure someone, damage or cause serious loss of property

Question 36

s18 Search and Surveillance Act 2012

Answer 36

Person in possession of firearms but you believe they are mentally incapable of having proper control of them.

Question 37

s41 Crimes Act 1961

Answer 37

May use whatever force reasonably necessary to prevent suicide or an offence being committed that would cause serious injury or suicide. No detention under s41 UNLESS there is suspicion of an injury/overdose where that person needs to be treated at a medical facility

Question 38

S4. Sale and Supply of Alcohol 2012

Answer 38

Object of this act: - The sale, supply and consumption of alcohol should be undertaken safely and responsibly -The harm caused by the excessive or inappropriate consumption of alcohol should be minimised.

Question 39

s266 Sale and Supply of Alcohol 2012

Answer 39

Closure of licenced premise by Police - Riot, serious disorder, significant threat to public safety, conduct, offences carrying 5 or more years have been committed and are likely to be committed again. A constable may order the closure until a time stated in the order or no longer than 24 hours. Use any force necessary in closing the premises. If premises kept open while order in place, manager commits an offence carrying $10,000 fine and suspension of license for 7 days

Question 40

s267 Sale and Supply of Alcohol 2012

Answer 40

Powers of entry on licenced premise - At any reasonable time may enter to ensure compliance with licence -At any time may enter if they believe an offence is being committed.

Question 41

s269 Sale and Supply of Alcohol 2012

Answer 41

Power of Police to demand information -Believes any person has committed, is commiting, or going to attemt to commit an offence may demand the particulars of that person NAD. Power to arrest if failure to provide or Constable has rgtb they provided false particulars and they have been cautioned and continue to fail to provide their particulars

Question 42

s169 Local Government Act 2002

Answer 42

Powers of arrest, search and seizure in relation to alcohol bans. A constable may search; a container, a vehicle, seize and remove alcohol, arrest the person if they fail to comply with a request to; leave the restricted area, surrender alcohol

Question 43

s170 Local Government Act 2002

Answer 43

Conditions relating to power of search. - Must allow the person reasonable opportunity to remove alcohol or container

Question 44

s169(2)(b) Local Government Act 2002

Answer 44

A constable may seize alcohol and remove from the restricted place