Emergency Powers Flashcards
Can emergency search powers be used to search for any controlled drugs?
No
S19 Sns Act 2012
Search of persons in relation to Misuse of Drugs Act 1975 offence search warrants
A constable may search any person found in or on a place or vehicle, in relation to which a search warrant is issued under section 6, if the offence that was specified in the application for the search warrant is an offence against the Misuse of Drugs Act 1975.
S21 Sns Act 2012
Warrantless searches of people found in or on places or vehicles
A constable conducting a search of a place or vehicle under section 20 may, without a warrant, search any person found in or on the place or vehicle.
S20 Sns Act 2012
Warrantless search of places and vehicles in relation to some Misuse of Drugs Act 1975 offences
A constable may enter and search a place or vehicle without a warrant if he or she has reasonable grounds—
(a)
to believe that it is not practicable to obtain a warrant and that in or on the place or vehicle there is a controlled drug specified or described in Schedule 1, Part 1 of Schedule 2 and 3 or a precursor substance specified or described in Part 3 of schedule 4 of MODA 1975; and
(b)
to suspect that in or on the place or vehicle an offence against MODA 1975 has been committed, or is being committed, or is about to be committed, in respect of that controlled drug or precursor substance; and
(c)
to believe that, if the entry and search is not carried out immediately, evidential material relating to the suspected offence will be destroyed, concealed, altered, or damaged.
What section covers the emergency powers relating to controlled delivers and what is contained within that section?
S81
Where a customs officer has exercised their powers under S12 of the Misuse of Drugs Amendment Act 1978, a constable or customs officer can search without warrant
- a person involved in a controlled delivery
- enter and search and place, craft or vehicle and
- seize anything they have RGTB is a:
- controlled drug
- precursor substance
- package which Customs have replaced all or a portion of the controlled drug or precursor substance
- evidential material relating to an offence under section 6(1)(a) or 12AB MODA 1975
What power is used when stopping a vehicle which is involved in a controlled delivery?
S121 Sns 2012
Stopping vehicles with or without warrant for purposes of search
An enforcement officer may stop a vehicle to conduct a search under a power to search without a warrant or if a warrant is in effect if they are satisfied that they have grounds to search the vehicle.
A person who exercises a power under this section must, on the request of any person affected by the exercise of the power,—
(a)
identify himself or herself either by name or by unique identifier; and
(b)
state the name of the enactment under which the search is taking place and the reason for the search under that enactment unless it is impracticable to do so in the circumstances; and
(c)
if not in Police uniform, produce evidence of his or her identity.
S22 Sns Act 2012
Warrantless power to search for controlled drugs and precursor substances if offence suspected against Misuse of Drugs Act 1975
(1)
A constable may search a person without warrant where they have reasonable grounds to believe
- the person is in possession of a controlled drug specified or described in Schedule 1, Part 1 of schedule 2 and 3 or a precursor substances specified or described in Part 3 of schedule 4 of the Misuse of Drugs Act 1975 and
-to suspect that an offence against the Misuse of Drugs Act 1975 has been committed, is being committed, or is about to be committed, in respect of that controlled drug or precursor substance.
(3)
This section does not—
(a)
limit section 20 or 21; or
(b)
authorise a constable to enter or search a place or vehicle except in accordance with those sections.
What power do you rely on to arrest a person in a vehicle which no longer has a controlled delivery package in it.
S9 SnS 2012
Stopping vehicle to find persons unlawfully at large or who have committed certain offences
A constable may stop a vehicle without a warrant to arrest a person if the constable has reasonable grounds—
(a)
to suspect that a person—
(i)
is unlawfully at large; or
(ii)
has committed an offence punishable by imprisonment; and
(b)
to believe that the person is in or on the vehicle.
S23 Sns Act 2012
Internal search of person under arrest for offence against section 6, 7, or 11 of Misuse of Drugs Act 1975
A constable may require a person to permit a medical practitioner to conduct an internal examination of any part of the person’s body by means of an X-ray machine or other similar device, or a manual or visual examination through any body orifice if the person is under arrest for an offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975; and
the constable has reasonable grounds to believe that the person has secreted within his or her body any property—
- that may be evidence of the offence with which the person is charged; or
- the possession of which by the person constitutes any other offence against section 6, 7, or 11 of the Misuse of Drugs Act 1975.
A medical practitioner must not conduct an internal examination if he or she—
- considers that to do so may be prejudicial to the person’s health; or
- is satisfied that the person is not prepared to permit an internal examination to be conducted.
This section does not limit or affect sections 13A to 13M of the Misuse of Drugs Amendment Act 1978.
What sections cover the emergency powers for police
S19 - S24 Sns 2012
S24 Sns Act 2012
Effect of not permitting internal search under section 23 on bail application
A court may decline to consider a bail application by a person, and may order that the person continue to be detained in Police custody, until the earlier of the following occurs:
(a)
the expiry of 2 days after the day on which the person was required under section 23(1) to permit an internal examination by a medical practitioner:
(b)
the person permits the examination to be conducted.
(2)
The circumstances are that—
(a)
the person fails to permit an internal examination to be conducted under section 23; and
(b)
the court is satisfied that the requirement under section 23(1) was properly made on reasonable grounds.
(3)
Nothing in subsection (1) limits a court’s discretion to refuse bail.
(4)
This section overrides any contrary provisions about bail in any of the following:
(a)
the Bail Act 2000:
(b)
the Misuse of Drugs Act 1975:
(c)
the Criminal Procedure Act 2011.
