Chap 3: Drugs, alcohol and mental health Flashcards
Section 124 – Internal searches generally prohibited
* Unless…
- Unless authorised by another enactment, an enforcement officer must not conduct an internal search of any part of the body of any person, except for, with the person’s consent, searching the person’s mouth.
Hazardous Substances and New Organisms Act 1996
Section 135 Interpretation
Emergency means
a) Actual or imminent danger to human health or safety; or
b) A danger to the environment or chattels so significant that immediate action is required to remove the danger, arising from a hazardous substance or new organism:
Section 136 – Declaration of emergency
3) Every enforcement officer shall notify —
a) The person who appointed him or her as an enforcement officer, if he or she was appointed under section 98 of this Act; and
b) The Authority –
of every occasion on which a hazardous substance or new organisms’ emergency is declared by that officer under this section.
Note: The Authority’ referred to in s136 (3) (b) is: The Environmental Protection Authority.
Sale and Supply of Alcohol Act 2012
Section 265 Closure of premises by order
under what circumstances can you close a premise under this section
Who can authorise further closures
1) This section applies if a riot occurs, or there are reasonable grounds for believing that a riot may occur, in any place.
2) A District Court Judge or any 2 or more Justices or any 1 or more Community Magistrates may, at the request of a constable for the time being acting in that place, order every licensee in or within a specified distance of that place to close his or her licensed premises for the sale of alcohol during the time specified in the order, which time must not be later than 24 hours from the end of the day on which the order was made.
3) Any constable may use any force that may be necessary for the purpose of closing any licensed premises to which the order applies.
Section 266 Closure of licensed premises by Police
1) This section applies in the following circumstances:
a) If a riot is taking place or there are reasonable grounds for believing that a riot may occur on any licensed premises; or
b) if there is fighting or serious disorder or there are reasonable grounds for believing that fighting or serious disorder is about to break out on any licensed premises; or
c) if there is a significant threat to public health or safety; or
d) if the conduct on any licensed premises amounts to a substantial public nuisance; or
e) if there are reasonable grounds for believing offences have been committed on the premises that carry a maximum penalty of 5 years or more and there is a significant risk of further such offences being committed on the premises if the premises remain open.
Section 267 Powers of entry on licensed premises
1) A constable or an inspector may at any reasonable time enter and inspect any licensed premises, or any part of any licensed premises, to ascertain whether the licensee is complying with the provisions of this Act and the conditions of the licence.
Mental Health (CAT) Act 1992
Section 39 Assistance in respect of outpatients and inpatients on leave
1) This section applies to—
a. Every patient who is subject to assessment otherwise than in a hospital; and
b. Every patient who is subject to a community treatment order; and
c. Every patient who is subject to an inpatient order but is on leave from the hospital in accordance with section 31 of this Act.
When can you request a DAO re section 39
Anyone may at any time request the advice or assistance of a duly authorised officer in relation to any aspect of the care, treatment, or conduct of a patient to whom this section applies.
3) On any such DAO request, a duly authorised officer shall take the following steps:
a. Investigate the matter to the extent necessary to satisfy himself or herself that the concern expressed by the person making the request is valid, and that there are reasonable grounds for believing that further consideration of the case may be desirable:
b. Inform the responsible clinician or any other appropriate person of the grounds of concern that have arisen in the case:
c. Give such other advice or assistance in the matter as may be appropriate.
What is mental disorder
Key words in the definition are
i. “…Poses a serious danger…” and
ii. “…seriously diminished capacity…to look after themselves.”
Section 109
1) If any person is found wandering at large in any public place and acting in a manner that gives rise to a reasonable belief that he or she may be mentally disordered, any constable may, if he or she thinks that it would be desirable in the interests of the person or of the public to do so,
a. Take that person to a Police station, hospital, or surgery, or to some other appropriate place; and
b. Arrange for a medical practitioner to examine the person at that place as soon as practicable.
2) Detention under section 109 may last for no longer than the following times:
6 hours or the time it takes to carry out the actions described in those subsections, whichever is shorter:
Mentally disordered person on private property
Authority
What is our authority
- Police have no power under the Mental Health (CAT) 1992 Act to enter private property or to detain a person with a mental disorder on private property, unless asked to do so by a DAO or medical practitioner.
